The Role of Parton Parish Council. What we can do.
Parishes are the smallest areas of civil administration in England and their Town and Parish Councils provide the statutory tier of local government closest to the people. (Civil parishes should not be confused with Church of England ecclesiastical parishes and their Parochial Church Councils.)
Within Cumbria there are 268 parishes covering the whole county, except Barrow town and Walney and the central urban area of the City of Carlisle. In 2015, both Penrith and Whitehaven elected to create new civil parishes, which will be known as Town Councils. Of these 268 parishes, 233 are served by a Town or Parish Council that is elected every four years and the remainder have a Parish Meeting that is required to meet at least twice a year. In Cumbria there are three tiers of local government – the County Council, District/Borough Councils and Town/Parish Councils and Parish Meetings.
Town and Parish Councils are an essential part of the structure of local democracy and have a vital role in acting on behalf of the communities they represent.
They:
- give views, on behalf of the community, on planning applications and other proposals that affect the parish
- undertake projects and schemes that benefit local residents
- work in partnership with other bodies to achieve benefits for the parish
- alert relevant authorities to problems that arise or work that needs to be undertaken
- help the other tiers of local government keep in touch with their local communities.
Town and Parish Councils have a wide range of legal duties and powers, such as the maintenance of community buildings and land and much more. They have the power to raise money through the local council tax.
In 2015, the Local Council Award Scheme was introduced to replace the Quality Parish and Town Council award scheme. The new scheme has been designed to celebrate the successes of the very best parish councils, and to provide a framework to support all parish councils to improve and develop to meet their full potential.
Function Powers and Duties Statutory Provisions
| FUNCTION | POWERS / DUTIES | STATUTORY PROVISION |
|---|---|---|
| Acceptance of office | Duty to sign Declaration Of Acceptance Of Office (Councillors and Chairman) | Local Government Act 1972, section 83 |
| 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; | Local Government Act s15(1) and (2) LGA 1972 |
| Appoint an independent and competent auditor; | Local Government Act 1972 s 112 (1) | |
| 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; | Local Government Act 1972, Section 151, | |
| Hold a minimum number of 4 meetings per year, one of which must be the Annual Meeting of the Council. | Local Government Act 1972, Schedule 12, 8(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 Act 1984, 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 | Charities Act 1993, s.79 |
| 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 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 | Local Government (Miscellaneous Provisions) Act 1976 s.19 |
| Power to acquire, provide and furnish community buildings | 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. | Local Government and Rating Act 1997, s.31 |
| Duty to do what it can do to prevent crime and disorder. | 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 the 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 |
| Highways | 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 Notice | 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, LGA 1972 SS 126 LGA 1972, ss.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 p 41(1) |
| Mortuaries and postmortem rooms | Power to provide mortuaries and postmortem 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 | 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. 9 and 10 |
| Power to provide a wide range of Recreational facilities | Local Government (Miscellaneous Provisions) 1976 s.19 | |
| Provision of boating pools | 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 | LGA 1972, s.142 |
| Duty on smaller authorities to publish specific information on a website. | Transparency Code for Smaller Authorities 2014. |
Local Government Act 1972 – Summary
| Section 1 – 16 | Lays down the constitution of Parish Councils and Parish Meetings |
| Section 79 – 99 | Covers qualification and disqualification, casual vacancies and resignation, interest admission |
| Section 100 | Including/excluding the public and press (see Public Bodies (Admission to Meetings) Act 1960 |
| Section 101 | Allows a principal authority to ask any other authority to discharge a function on its behalf |
| Section 102 – 109 | Provides for Committees, Standing Orders and for Parish Meetings to have powers of Parish Council conferred by the Borough/District Council |
| Section 111 | Subsidiary powers for a local authority to do anything which helps it to discharge its functions |
| Section 112 – 119 | The appointment of staff and insurance |
| Section 123 – 131 | Governs land transactions including power to ask district council to execute a compulsory purchase order on behalf of the Parish Council |
| Section 133 | Provision of community buildings |
| Section 134 | Parish Council can use a school building |
| Section 135 | Standing Orders for making contracts |
| Section 137 | The power to provide things not otherwise authorised for the benefit of some or all of its parishioners |
| Section 139 | Power for Council to accept goods, property or money |
| Section 141 | Power for Council to carry out research (village appraisals) |
| Section 142 | Power to produce information: newsletters, Citizens Advice Bureau |
| Section 143 | Subscriptions to local government associations (i.e. NALC) |
| Section 144 | Power to attract tourists and visitors (village signs/Christmas lights) |
| Section 145 | Power to promote entertainment and the arts, village celebrations |
| Section 214 | Power to be a burial authority |
| Section 215 | Closed churchyards |
| Section 222 | Power to prosecute or defend in court in the interest of the public |
| Section 225 – 234 | Custody and public inspection of documents |
| Section 235 – 238 | Byelaws |
| Section 245 | Power of Parish Councils which are not grouped with any other to become a Town Council and call its Chairman ‘Town Mayor’ |
| Schedule 12 Part 11 | Of the act covers procedures and meetings of part time Councils |
| Part 111 | Deals with Parish Meetings |
| Schedule 13 | Covers financial arrangements |
| Schedule 26 | Covers crematoria and cemeteries |
PARTON PARISH COUNCIL 