Tuesday, October 17, 2017

List of legal powers and duties

This 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. We hope you find this guide useful.

Function Powers & Duties Statutory Provisions Allotments Powers to provide allotments. Duty to provide allotment gardens if demand unsatisfied and if reasonable to do so Small Holding & Allotments Act 1908, s.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 Public Health At 1936, s.221

Burial grounds, cemeteries and crematoria Power to acquire and maintain Open Spaces Act 1906, Sections 9 and 10 Power to provide Local Government Act 1972, s.214

Power to contribute towards expenses of cemeteries Local Government Act 1972, s.214 (6)

Bus Shelters Power to provide and maintain shelters Local Government (Miscellaneous Provision) Act 1953, s.4

Byelaws Power to make byelaws for: Places of public recreation Public Health Act 1875, s.164

Cycle parks Road Traffic Regulation Act 1984, s.57(7) Public swimming baths Public Health Act 1936, s.223

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 Charities Act 2011, ss.298-303

Power to act as charity trustees Local Government Act 1972, s.139 (1)

Clocks Power to provide public clocks Parish Councils Act 1957, s.2

Closed Churchyards Powers to maintain Local Government Act 1972, s.215

Commons and common pastures Powers in relation to Inclosure, regulation, management and provision of common pasture Inclosure Act 1845; Small Holdings and Allotments Act 1908, s.34

Conference facilities Power to provide and encourage the use of facilities Local Government Act 1972, s.144

Community centres Power to provide and equip buildings for use of clubs having athletic, social or educational objectives Local Government (Miscellaneous Provisions) Act 1976 s.19

Power to acquire, provide and furnish community buildings for public meetings and assemblies Local Government Act 1972, s.133

Crime prevention Power to spend money on crime detection and prevention measures Local Government and Rating Act 1997, s.31

Ditches and ponds Power to drain and maintain ponds and ditches to prevent harm to public health Public Health Act 1936, s.260

Entertainment and the arts Provision of entertainment and support of the arts Local Government Act 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

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, ss.1-8

Gifts Power to accept Local Government Act 1972, s.139

Highways Power to repair and maintain public footpaths and bridle-ways. Highways Act 1980, ss.43,

Power to light roads and public places Parish Councils Act 1957, s.3; Highways Act 1980, s.301

Power to provide parking places for vehicles, bicycles and motor-cycles. Road Traffic Regulation Act 1984, ss.57, 63

Power to enter into 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

Power to consent to a local highway authority stopping maintenance of a highway or stopping up/ diverting a 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 1980, s.130

Power to provide certain traffic signs and other notices Road Traffic Regulation Act 1984, s.72

Power to plant trees and shrubs and to maintain roadside verges Highways Act 1980, s.96 Honorary titles

Power to admit to be honorary freemen/ freewomen of the council’s area persons of distinction and persons who 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 Investments Act 1961, s.11

Land Power to acquire by agreement, to appropriate, to dispose of Local Government Act 1972, ss.124, 126, 127

Power to accept gifts of land Local government Act 1972, s.139

Litter Provision of bins Litter Act 1983, ss.5, 6

Lotteries Powers to promote Gambling Act 2005, s.252, 258

Markets Power to establish or acquire by agreement markets within the council’s area and provide a market place and market buildings Food Act 1984, s.50

Mortuaries and post-mortem rooms Powers to provide mortuaries and post-mortem rooms Public Health Act 1936, s.198

Neighbourhood planning Powers to act as lead body for a neighbourhood development plan or a neighbourhood development order. Localism Act 2011, Schedule 9; Town and Country Planning Act 1990, ss.61E- 61Q, Schedule 4B; Planning and Compulsory Purchase Act 2004, s.38A

Newsletters Power to provide information relating to matters affecting local government Local Government Act 1972, s.142

Nuisances Power to deal with offensive ditches 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, ss.9 and 10

Parish Property and documents Powers to receive and retain 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 hall Power to acquire and provide buildings for public meetings and assemblies Local Government Act 1972, s.133

Public Conveniences Power to provide Public Health Act 1936, s.87

Recreation Power to provide a wide range of recreational facilities Local Government (Miscellaneous Provisions) Act 1976, s.19

Provision of boating pools Public Health Act 1961, s.54

Right to challenge services that are provided by a principal authority The right to submit an interest in running a service provided by a district, county or unitary authority. Localism Act 2011, ss.81-86

Right to nominate and bid for assets of community value The right to nominate assets to be added to a list of assets of community value and the right to bid to buy a listed asset when it comes up for sale Localism Act 2011, ss.87-108

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 encourage tourism to the council’s area Local Government Act 1972, s.144

Traffic Calming Powers to contribute financially to traffic calming schemes 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, repairs, protect and adapt war memorials War Memorials (Local Authorities’ Powers) Act 1923, s.1

Water Power to utilise wells, springs or streams for obtaining water Public Health Act 1936, s.125

Websites Power for councils to have their own websites Local Government Act 1972, s.142