Council Powers

List of Legal Powers

The List below is an indicative list of powers and activities, applicable to community and town councils, to help you appreciate the wide range of activities covered by the Acts of parliament. It is a useful reference when you need to know if the Council can act.

Allotments

Powers and duties

  • Powers to provide allotments.
  • Duty to provide allotment gardens if demand unsatisfied.

 Statutory provisions

  • Small Holdings and Allotments Act 1908, ss.23, 26 and 42

Baths and wash houses

Powers and duties

  • Power to provide public baths and washhouses

Statutory provisions

  • Public Health Act 1936, ss.221, 222, 223 and 227

Burial grounds, cemeteries and crematoria

Powers and duties

  • Power to acquire and maintain
  • Power to provide
  • Power to agree to maintain monuments and memorials

Statutory provisions

  • Open Spaces Act 1906, ss.9 and 10; Local Government Act 1972, s. 214; Parish Councils and Burials Authorities (Miscellaneous Provisions) Act 1970, s.1
  • Power to contribute towards expenses of cemeteries Local Government Act 1972, s.214(6)

Bus shelters

Powers and duties

  • Power to provide and maintain shelters

Statutory provisions

  • Local Government (Miscellaneous Provisions) Act 1953, s.4

Bye-laws

Powers and duties

  • Power to make byelaws in regard to pleasure grounds
  • Cycle parks baths and wash houses
  • Open spaces and burial grounds
  • Mortuaries and post-mortem rooms

Statutory provisions

  • Public Health Act 1875, s.164, Road Traffic Regulation, Public Health Act 1936, s.223, Open Spaces Act 1906, s.15, Public Health Act 1936, s.198

Charities

Powers and duties

  • Duty to receive accounts of parochial charities


Statutory provisions

  • Charities Act 1960, s.32

Clocks

Powers and duties

  • Power to provide public clocks

Statutory provisions

  • Parish Councils Act 1957, s.2

Closed churchyards

Powers and duties

  • Power as to maintenance

Statutory provisions

  • Local Government Act 1972, s.215

Commons and common pastures

Powers and duties

  • Powers in relation to enclosure, as to regulation and management, and as to providing common pasture
  • Enclosure Act 1845; Local Government Act 1894, s.8(4): Smallholdings and Allotments Act 1908, s.34

Conference facilities

Powers and duties

  • Power to provide and encourage the use of facilities

Statutory provisions

  • Local Government Act 1972, s.144

Community centres

Powers and duties

  • Power to provide and equip buildings for use of clubs having athletic, social or educational objectives

Statutory provisions

  • Local Government (Miscellaneous Provisions) Act 1976, s.19

Drainage

Powers and duties

  • Power to deal with ponds and ditches

Statutory provisions

  • Public Health Act 1936, s.260

 


Education

Powers and duties

  • Right to appoint school governors

Statutory provisions

  • Education (No 2) Act 1986, s.4

Entertainment and the arts

Powers and duties

  • Provision of entertainment and support of the arts

Statutory provisions

  • Local Government Act 1972, s.145

Gifts

Powers and duties

  • Power to accept

Statutory provisions

  • Local Government Act 1972, s.139