Powers & Duties

The following powers and duties are given for general information. Wendover Parish Council holds the Power of General Competence. This power was introduced through the Localism Act 2011 and provides that “a local authority has power to do anything that individuals generally may do”. Without this power the Council would be restricted to only acting under the following powers;

FUNCTIONPOWERS AND DUTIESSTATUTORY POWERS
Agency ArrangementsPower to arrange for the discharge of functions by another local authorityLocal Government Act 1972 s.101
AllotmentsPowers to provide allotments Duty to provide allotment gardens if demand unsatisfiedSmall Holdings Allotments Act 1908 ss 23, 26 and 42
ArchivesPower to make records held available to the public and support local archivesLocal Government (Records) Act 1962, ss1 and 4
Baths and Washhouses:Power to provide public baths and washhousesPublic Health Act 1936 ss 221, 222,223 and 227
BorrowingPower to borrow money for statutory functionsLocal Government Act 1972 Sch. 13
Burial Grounds, Cemeteries and crematoria*Power to acquire and maintainOpen Spaces Act 1906, ss 9 and 10: Local Government Act 1972, s 214
Power to provideLocal Government Act 1972, s.214
Power to agree to maintain monuments end memorialsParish Council and Burial Authorities (Miscellaneous Provisions) Act 19970, s. 1
Power to contribute towards expenses of cemeteriesLocal Government Act 1972
Bus SheltersPower to provide and maintainLocal Government (Miscellaneous) Act 1953 s.4
Bye LawsPower to make byelews for public walks and pleasure groundPublic Health Act 1875, s 164
Cycle ParksRoad Traffic Regulation Act 1984 s.57 (7)
Swimming pools, bathing places, baths and washhousesPublic Health Act 1936, s 223
Open Spaces and Burial GroundsOpen Spaces Act 1906 ss 12 and 15
Mortuaries and post-mortem roomsPublic Health Act 1936 s. 198
Public BathingPublic Health Act 1936 s. 231
Hiring of pleasure boats in parks and pleasure groundsPublic Health Amendments Act 1907, s 44(2): Public Health Act 1961, s54
CharitiesDuty to receive accounts of parochial charitiesCharities Act 1960, s 32
Power to appoint trustees of parochial charitiesCharities Act 1993, s 79
Clocks*Power to provide public clocksParish Councils Act 1957,s 2
Closed ChurchyardsPowers (and sometimes duty) as to maintainLocal Government Act 1972, s.215
Commons Land and Common PasturesPowers in relation to inclosure as to regulation and management and as to providing common pastureInclosure Act 1845; Local Government Act 1984, s 8(4); Smallholding and Allotments Act 1908, s.34
Power to protect unclaimed common land from unlawful interferenceCommons Registration Act 1965, s.9
Power to manage commons and village greens under a district council schemeCommons Act 1899, ss 4 & 5
Conference facilitiesPower to provide and encourage the use of facilitiesLocal Government Act 1972, s.144
ConsultationRight to be consulted by principal councils if directed by Secretary of State (England) of by Welsh Assembly (Wales)Local Government and Rating Act 1997, s21; Local Government Act 1972, s 33A
Community Centres and Village HallsPower to provide and equip premises for use of clubs having athletic, social or educational objectivesLocal Government (Miscellaneous Provisions) Act 1976, s.19
Crime PreventionPowers to spend money on various crime prevention measuresLocal Government and Rating Act 1997, s 31
Power to (a) install equipment, (b) establish schemes and (c) assist others in so doing for the prevention of crimeLocal Government and Rating Act 1997, s 31
Delegated FunctionsPower to assume a function delegated by another authority
Power to ensure effective discharge of Council functions
Power to employ someone to carry out Council functions
Local Government Act 1972 ss 101, 111 and 112
DrainagePower to deal with ponds/ditchesPublic Health Act 1936, s. 260
EducationRight to appoint governors of primary schoolsSchool Standards and Framework Act 1988, para 15 of Sch.10
Entertainment and the Arts*Provision of entertainment and support of the artsLocal Government Act 1972, s145
EnvironmentPower to act for the benefit of the community by tackling and promoting awareness of environmental issuesLocal Government Act 1972, ss 111 and 137
FlagpolesPower to erect flagpoles in highwaysHighways Act 1980, s 144
” Free Resource”Power to incur expenditure not otherwise authorised on anything which in the council’s opinion is in the interests of the area or part of it or all or some of the inhabitantsLocal Government Act 1972, s139
GiftsPower to acceptLocal Government Act 1972 s139
HighwaysPower to repair and maintain footpaths and bridlewaysHighways Act 1980, ss 43 and 50
Power to light roads and public placesParish Councils Act 1957 s 3: Highways Act 1980, s 301: Local Government Act 1972, Sched. 14 para 27
Provision of litter binsLitter Act 1983, 5 and 6
Power to provide parking places for vehicles, bicycles and motorcyclesRoad Traffic Regulation Act 1984, ss 57 and 63
Power to enter into an agreement as to dedication and wideningHighways Act 1980, ss 30 and 72
Power to provide roadside shelters, and omnibus sheltersParish 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 highwayHighways Act 1980, ss 47 and 116
Power to complain to District Council as to protection of rights of way and roadside waste
Power to provide traffic signs and other noticesHighways Act 1980, s 130
Power to plant trees, etc., and to maintain roadside vergesRoad Traffic Regulation Act 1984, s 72; Countryside Act 1968
Power to complain to local highway authority that a highway is unlawfully stopped up or obstructedHighways Act 1980, s 96
Power to prosecute for unlawful ploughing of a footpath or bridlewayHighways Act 1980, s 130 Highways Act 1980, s 134
InvestmentsPower to participate in schemes of collective investmentTrustee Investments Act 1962, s11
LandPower to acquire land by agreement, to appropriate land and to dispose ofLocal Government Act 1972, ss 124, 126 and 127
Power to accept gifts of landLocal Government Act 1972 s139
Power to acquire land by compulsory purchaseLocal Government Act 1972, s 125
Power to obtain particulars of persons interested in landLocal Government (Miscellaneous Provisions) Act 1976, s 16
Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control themPublic Health Act 1875, s 16;: Local Government Act 1972, Sched. 14, para 27; Public Health Acts Amendment Act 1980, s 44; Open Spaces Act 1906, ss 9 and 10; Local Government (Miscellaneous Provisions) Act 1976, s 19
LightingPower to light roads and public placesParish Councils Act 1957, s Highways Act 1980, s 301
Litter* and dog foulingProvision of receptacles Obliged to keep own land free of litter and dog faecesLitter Act 1983, ss 5 an Environmental Protection Act 1990; Litter (Animal Droppings) Order 1991
LotteriesPower to promoteLotteries and Amusements Act 1976, s 7
Mortuaries and post-mortem roomsPowers to provide mortuaries and post-mortem roomsPublic Health Act 1936, s 198
Nature ReservesPower to designate statutory to the nature reserves and marine nature reserves – English Nature can designate sites of specific scientific interestNational Parks and Access Countryside Act 1949, ss 15, 16 and 21; The Wildlife and Countryside Act 1982, ss 36 and 39 and Sched.12
Powers to make management agreements with landowners and the English Nature to manage council-owned reserve land as a nature reserve
NuisancesPower to deal with offensive ditches, ponds and guttersPublic Health Act 1936, s 260
Open SpacesPower to acquire land and maintainPublic Health Act 1875, s 164; Open Spaces Act 1906, ss 9 and 10; Commons Act 1899
Power to acquire land for 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 1980, s 44; Open Spaces Act 1906, ss 9 and 10; Local Government (Miscellaneous Provisions) Act 1976, s 19.
Parish Property and RecordsPowers to direct as to their custodyLocal Government Act 1972, s226
Parking FacilitiesPower to provide parking places for motor vehicles, motorcycles and bicyclesRoad Traffic Regulation Act 1984, ss 57 and 63
PlanningRight to be notified of and power to respond to planning applicationsTown and Country Planning Act 990, Sched. 1 para 8; Local Government Act 1972, Sched. 15 para 20.
Postal and telecommunications facilitiesPower to pay the Post Office, British Telecommunications or any other public telecommunications operator any loss sustained in providing post or telegraph office or telecommunications facilitiesPost Office Act 1954, s 51; Telecommunications Act 1984, s97
PublicBuildingsand Village HallsPower to provide buildings for offices and for public meetings and assembliesLocal Government Act 1972 s 133
Public ConveniencesPower to providePublic Health Act 19336, s 87
Public EnquiriesPower to make representations at public enquiriesLocal Government Act 1982, s222
Publicise functionsPower to publicise council and local authority functionsLocal Government Act 1982, s. 142
Raising of FinancesPower to raise money through them preceptLocal Government Act 1982, s150
RecordsPower to collect, exhibit and purchase local recordsLocal Government Act Records) Act 1962 ss 1 and 2
Recreation*Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds, and open spaces and to manage and control them.
Power to provide gymnasiums, playing fields, holiday camps
Public Health Act 1875, s 164; Local Government Act 1972, Sched 14 para 27; Public Health Acts Amendment Acts 1890, s 44; Open Spaces Act 1906, ss 9 and 10; Local Government (Miscellaneous Provisions) Act 1976, s 19; Commons Act 1899
Provision of boating poolsPublic Health Act 1962, s 54
Seats and Shelters*Power to provide roadside seats and sheltersParish Councils Act 1957, s 1
Tourism*Power to contribute to the encouragement of tourismLocal Government Act 1972, s. 144
Town and Country PlanningRight to be notified of planning applicationsTown & Country Planning Act 1990, Sched. 1 para 8
Town StatusPower to adopt town statusLocal Government Act 1972, ss 245 and 245B
Traffic CalmingPower to contribute financially to traffic calming schemesLocal Government and Rating Act 1997, s 26
TrainingPower to train CouncillorsLocal Government Act 1972. s175.
Transport*Power to (a) establish car sharing schemes (b) make grants for bus services, (c) provide taxi-fare concessions; (d) investigate public transport, road use and needs; (e) provide information about public transport services
Community Transport Schemes
Local Government and Rating Act 1997, s 26-29
Village greensPower to maintain, to make bylaws for and to prosecute for interference with village greensOpen Spaces Act 1906, s 15 Inclosure Act 1857, s 12, Commons Act 1876, s 29
War MemorialsPower to maintain,, repair, protect and adapt war memorialsWar Memorials (Local Authorities Powers) Act 1923, s 1 as extended by Local Government Act 1948, s 133
Water SupplyPower to utilise well, spring or stream and to provide facilities for obtaining water there from.Public Health Act 1936, s 125
This list is intended as a summary of the principle functions of Local Council. It is not intended to be a definitive list of such functions.
Where a function is marked with an asterisk *. A council also has the power to give financial assistance to another person or body performing the same function.

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