In this section
What are powers and duties?
Duties are legal obligations – actions that a council must take by law.
A council must:
- appoint a chairman of the council
- appoint officers as appropriate for carrying out its functions
- appoint an independent and competent internal auditor
- appoint a responsible financial officer (RFO) to manage the council’s financial affairs (The RFO is often the clerk, especially in smaller councils)
- hold a minimum number of four meetings per year, one of which must be the Annual Meeting of the Council
consider the provision of allotments if there is demand for them from local residents and it is reasonable to do so - hold an annual Parish / Town meeting
- comply with its obligations under the Freedom of Information Act (2000), the Data Protection Act (1998) and the Equality Act (2010), General Data Protection Act (GDPR) and the Localism Act 2011
- comply with employment law
- consider the impact of their decisions on reducing crime and disorder in their area
- have regard to the protection of biodiversity in carrying out their functions
- decide whether to adopt a churchyard when it is closed, if asked to do so by the Parochial Church Council
Powers are contained in legislation and permit actions to be taken at the council’s discretion.
- A council may do only what the law requires it to
- A council may do only what the law says it may
- A council cannot do anything unless permitted by legislation
- The good news is that local councils have a wide range of powers.
- A useful list is provided below, examples provide and maintain bus shelters, street lights, provide recreational facilities and support Citizens Advice
Here is an indicative list of powers and functions to help you appreciate the wide range of activities covered by Acts of Parliament (see also Governance and Accountability). It is a useful reference when you need to know if the local council has permission to act but note, no list can be totally comprehensive.
| Function | Powers and Duties | Statutory Provisions |
| Allotments | Power to provide allotments Duty to provide allotment gardens if demand unsatisfied and if reasonable to do so | Smallholdings & Allotments Act 1908, s.23 |
| Administration of the council. | Duty to undertake the following: – Appoint a chairman of the council; Appoint officers as appropriate for carrying out its functions; Appoint a responsible financial officer (RFO) to manage the council’s financial affairs; the RFO is often the clerk especially in smaller councils; Appoint an independent and competent auditor; Hold a minimum number of 4 meetings per year, one of which must be the Annual Meeting of the Council. | Local Government Act 1972, s.15(2) Local Government Act 1972 s 112 (1) Local Government Act 1972, s151 Local Government Act 1972, schedule 12 p8 (1) |
| Annual Parish meeting | Duty to hold an annual parish meeting. | Local Government Act 1972, s12 para 23 |
| Borrowing money | Power for councils to borrow money for their statutory functions or for the prudent management of their financial affairs | Local Government Act 2003 Schedule 1 para 2 |
| Baths (public) | Power to provide public swimming baths and washhouses. | Public Health Act 1936 s.221 |
| Bio-Diversity | Duty to consider in decision making | Natural Environment and Rural Communities Act 2006 s.40 |
Burial grounds, cemeteries and crematoria | Power to acquire and maintain | Open Spaces Act 1906, |
| Power to provide | Sections 9 and 10 Local Government Act 1972, s.214 | |
| Power to agree to maintain monuments and memorials | Parish Councils and Burial, Authorities (Miscellaneous, Provisions) Act 1970, s.1 | |
| Power to contribute towards expenses of cemeteries | Local Government Act 1972, s.214(6) | |
| Bus shelters | Power to provide and maintain bus shelters | Local Government (Misc. shelters Prov.) Act 1953, s.4 |
| Byelaws | Power to make byelaws in regard to pleasure grounds | Public Health Act 1875, s.164 |
| Cycle Parks | Road Traffic Regulation Act1984, s.57(7) | |
| Baths and washhouses | Public Health Act 1936, s.22 | |
| Open spaces and burial grounds | Open Spaces Act, 1906, s.15 | |
| Mortuaries and post-mortem rooms | Public Health Act 1936, s.198 | |
| Charities | Duties in respect of parochial charities Power to act as charity trustees | Charities Act 1993, s.79 Local Government Act 1972 s. 139(1) |
| Clocks | Power to provide public clocks | Parish Councils Act 1957, s.2 |
| Closed churchyards | Powers to maintain and a Duty to decide whether to adopt a closed churchyard, if asked to do so by the Parochial Church Council. | LGA 1972 s.215 |
| Commons and Common pastures | Powers in relation to inclosure, regulation and management and provision of common pasture | Inclosure Act 1845 Small Holdings and Allotments Act 1908, s.34 |
| Community centres | Power to provide and equip buildings for use of clubs, having athletic, social or educational objectives Power to acquire, provide and furnish community buildings | Local Government (Miscellaneous Provisions) Act1976 s.19 Local Government Act 1972, s.133 |
| Conference facilities | Power to provide and encourage the use of facilities | Local Government Act 1972, s.144 |
| Crime prevention | Power to spend money on various crime prevention measures. Duty to do what it can do to prevent crime and disorder. | Local Government and Rating Act 1997, s.31 Crime and Disorder Act 1998 s.17 |
| Drainage | Power to deal with ponds and ditches | Public Health Act 1936, s.260 |
| Employment | Duty to comply with Employment Law | Employment Act 2002 Employment Relations Act 2004 Employment Act 2008 The Work & Families Act 2006 Equality Act 2010, s.149 and schedule 19 Human Rights Act 1998 s.6 |
| Entertainment and the Arts | Provision of entertainment and support of the arts | LGA 1972, s.145 |
| Environment | Power to issue fixed penalty notices for litter, graffiti and offences under dog control orders | Clean neighbourhoods and Environment Act 2005, s.19 s.30 Part 6 |
| The “Free Resource” | Power to spend a sum of money for the benefit of some or all of the parishioners. The expenditure must be commensurate with the benefit. | Local Government Act 1972 s.137 |
| Freedom of Information | Duty to comply with its obligations under th Freedom of Information Act and Data Protection Act. | Freedom of Information Act 2000 Data Protection Act 1998 |
| General Power of Competence | Power for an eligible council to do anything subject to statutory prohibitions, restrictions and limitations which include those in place before or after the introduction of the general power of competence. | Localism Act 2011, s.1- 8 |
| Gifts | Power to accept gifts | LGA 1972, s.139 |
| Highways | Power to repair and maintain public footpaths and Bridleways | Highways Act 1980, ss. 43,50 |
| Power to light roads and public places | Parish Councils Act 1957 s.3 Highways Act 1980, s301 | |
| Provision of litter bins | Litter Act 1983, ss.5,6 | |
| Power to provide parking places for vehicles, bicycles and motor cycles | Road Traffic Regulation Act1984 s.57, 63 | |
| Power to enter into an agreement as to dedication and widening | Highways Act 1980 ss.30, 72 | |
| Power to provide roadside seats and shelters | Parish Councils Act 1957 s.1 | |
| Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway. | Highways Act 1980, ss.47,116 | |
| Power to complain to district council about the protection of rights of way and roadside waste | Highways Act 1908, s.130 | |
| Power to provide certain traffic signs and other Notices | Road Traffic Regulation Act.1984, s.72 | |
| Power to plant trees etc. and maintain roadside verges | Highways Act 1980, s.96 | |
| Honorary Titles | Power to admit to be honorary freemen/freewomen of the councils area persons of distinction and persons have, in the opinion of the authority rendered eminent services to that place or area. | Local Government Act 1972, s.249 |
| Investments | Power to participate in schemes of Collective investment | Trustee Investment Act 1961 s.11 |
| Land | Power to acquire land by agreement, to appropriate land and to dispose of land | LGA 1972, ss.124, 126 & 127 |
| Power to accept gifts of land | LGA 1972, s.139 | |
| Litter | Provision of receptacles | Litter Act 1983, ss.5, |
| Lotteries | Power to promote lotteries | Gambling Act 2005 s.252, 258 |
| Markets | Power to establish or acquire by agreement markets within the council’s area and to provide a market place and market buildings | Food Act 1984 s.50 |
| Minutes | Duty to keep minutes | Local Government Act 1972, s12 p41(1) |
| Mortuaries and post-mortem rooms | Power to provide mortuaries and post-mortem rooms | Public Health Act 1936,s198 |
| Newsletters | Power to provide information relating to Matters affecting local government | LGA 1972 s.142 |
| Nuisances | Power to deal with offensive ponds, ditches and gutters | Public Health Act 1936, s.260 |
| Open Spaces | Power to acquire and maintain land for public recreation | Public Health Act 1875 s.164 |
| Power to acquire and maintain land for open spaces | Open Spaces Act 1906, s.9-10 | |
| Parish property and documents | Powers to direct as to their custody | Local Government Act 1972, s.226 |
| Duty to deposit certain published works in specific deposit libraries | Legal Deposit Libraries Act 2003, s.1 | |
| Public buildings and village halls | Power to acquire and provide buildings for public meetings and assemblies | LGA 1972, s.133 |
| Precept | Power to set the precept | Local Government Act 1972, s.41(4) |
| Public conveniences | Power to provide public conveniences | Public Health Act 1936, s. 87 |
| Recreation | Power to acquire land or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them Power to provide a wide range of Recreational facilities Provision of boating pools | Public Health Act 1875, s.164 Local Government Act 1972, Sched. 14 para 27 Public Health Acts Amendment Act 1890 s.144 Open Spaces Act 1906, ss. 9and 10 Local Government (Miscellaneous Provisions) 1976 s.19 Public Health Act 1961 s.54 |
| Town and Country Planning | Right to be notified of planning applications if right has been requested | Town and Country Planning Act 1990. Sched 1, para 8 |
| Tourism | Power to contribute to encouragement of Tourism | LGA 1972, s.144 |
| Traffic calming | Power to contribute financially to traffic calming measures | Local Government and Rating Act 1997 s.30 |
| Transport | Powers to spend money on community transport schemes | Local Government and Rating Act 1997, s.26-29 |
| War memorials | Power to maintain, repair, protect and adapt war memorials | War Memorials (Local Authorities Powers) Act1923,s.1 as extended by LGA 1948 s.133 |
| Water supply | Power to utilise any well, spring or stream for obtaining water | Public Health Act 1936 s.125 |
| Websites | Power for councils to have their own websites Duty on smaller authorities to publish specific information on a website. | LGA 1972, s.142 Transparency Code for Smaller Authorities 2014. |