YLCA ADVICE NOTE (Number 003)

LOCAL COUNCIL POWERS

Allotments: Provision and maintenance for cultivation.

Arts: Developing and improving knowledge of the arts and the crafts which serve the arts.

Bath: Provision of baths and wash-houses (which in modern terms may mean a launderette).

Cemeteries: Provision and maintenance of burial grounds, or cemeteries, or crematoria.

Churchyards: Power to contribute to the costs of a churchyard in use and a duty to maintain any closed churchyard where the duty has been transferred by the Church.

Clocks: Provision and maintenance of public clocks, on churches or elsewhere.

Commons: Power to protect any finally registered common which has no registered owner.

Crime Prevention: To support schemes for the prevention and detection of crime.

Entertainments: Provision of any form of public entertainment and any premises for giving entertainments. (This includes maintaining bands or orchestras and providing for dancing).

Footpaths: Maintenance of public footpaths and bridleways.

Halls: Provision of building for public meetings and functions, for indoor sports or physical recreation, or for the use of clubs or societies having recreational, social or athletic objects.

Legal Proceedings: Power to prosecute and defend any legal proceedings in the interests of the inhabitants. Power to take part in any public local inquiry.

Lighting: Provision and maintenance of any footway lighting which lights roads or pavements.

Litter: Provision of litter-bins in streets and support for anti-litter campaigns.

Memorials: Maintenance of war memorials.

Mortuaries: Provision of mortuaries and post mortem rooms.

Open Spaces: Provision and maintenance of public open spaces, pleasure grounds and public walks.

Parking Places: Provision and management of car and cycle parks.

Parks: Provision and maintenance of public parks and appropriate facilities.

Playing Fields: Provision & maintenance of land for any kind of outdoor recreation including boating pools.

Ponds: Power to deal with ponds, pools, or other places containing filth or matter prejudicial to health.

Post and Telephone: Power to guarantee the postal or telephone authorities against a loss on a facility.

Public Lavatories: Provision and maintenance of public lavatories.

Roadside Verges Power to plant and maintain roadside verges.

Seats: Provision and maintenance of public seats on the highway.

Shelters: Provision and maintenance of shelters for general public use and also particularly for bus passengers.

Signs: Power to erect signs which warn of dangers or announce a place name, or indicate a bus stop.

Swimming: Provision of indoor or outdoor swimming pools or bathing places.

Tourism: Provision of facilities for conferences and encouragement of recreational and business tourism.

Traffic: To carry out surveys and assist the highway authority provide traffic calming. To support community transport schemes.

Village Green: Powers to maintain the village or town green.

General Expenditure Power: In any situation not covered by one of the specific powers described above a council may spend money on any purpose which in its opinion is of benefit to its area or to the inhabitants. The total expenditure by the council on all the cases under this general power must not in any financial year exceed £3.50 per elector for the parish or town (this power is often called "The Free Resource").

PARISH COUNCIL POWERS

Allotments - Small Holdings and Allotments Act 1 908 s23 Allotments Act 1950 s9

Arts - Local Government Act 1972 s145

Baths - Public Health Act 1936 s221 (a)

Cemeteries - LGA 1972 s214

Churchyards - LGA 1972 s215

Clocks - Parish Councils Act 1957 s2

Commons - Able to bring prosecutions under various Acts of Parliament

Crime Prevention - Local Government and Rating Act 1997 s31

Entertainments - LGA 1972 s145

Footpaths - Highways Act 1 980 s43

Halls - Local Government (Miscellaneous Provisions) Act 1976 s19

Legal Proceedings - LGA 1 972 s222

Lighting - PCA 1957 s3 & LGA 1972 Sch14 para 34

Litter - Litter Act 1983 s5, s10

Mortuaries - PHA 1936 s198

Memorials - War Memorials (Local Authorities' Powers) Act 1923 s1

Open Spaces - PHA 1875 s164 & LGA 1972 Schl4 para 27 Open Spaces Act 1906

Parking Spaces - Road Traffic Act 1 984 s57

Parks - Public Health Act 1875 s164 & LGA 1972 Schl4 para 27

Planning - LGA 1972 Sch l6 para 20

Playing Fields - LG(MP)A 1976 s19

Ponds - PHA 1936 s260

Post & Telephone - Post Office Act 1953 s51(3) as amended by British Telecommunications Act 1981 s88 and Sch4

Public Conveniences - LGA 1972 Schl4 para 9

Roadside Verges - HA 1980 s116

Seats - PCA 1957 s1

Shelters - PCA 1957 s1

Signs - PCA 1970 s3

Swimming - LG(MP)A 1976 s19

Tourism - LGA 1972 s144 as amended by LG(MP)A 1976

Traffic - LGRA 1997 s26-30

Village Green - PHA 1875 s164 & LGA 1972 Sch14 para 27

General Expenditure Power - LGA 1972 s137 as amended by Local Government & Housing Act 1989

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Last updated November 1999
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