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As a tier of local government, a Parish Council is an elected body, with discretionary powers and rights laid down by Parliament to represent their communities and provide services for them.

Parish councils in their current form were created by the Local Government Act 1894. Their governance, shape and form were consolidated in the Local Government Act 1972 (the Act). As a result of changes to the Act, brought about by the Local Government and Public Involvement in Health Act 2007, a parish council may be known alternatively as a “community”, “village” or “neighbourhood” council.

All councils are constituted in the same way; councillors are elected by the local government electorate and each council has a chairman, who must be one of the elected councillors. Councils vary in size and capacity.

A council is a corporate body with perpetual succession and a name. Local councillors are often referred to as “Members” – for example in codes of conduct. The number of councillors is fixed by the district council. A parish council’s lawful acts, assets and liabilities are its own and not those of its councillors or any other council.

A council must act within the law. It can only spend, raise, or use money if it has a statutory power to do so, otherwise it acts ultra vires (beyond its powers). Parish councils have a wide range of powers under different acts of Parliament. Most of these powers are discretionary, i.e. a council may do something, rather than it must do something. However, under the Localism Act 2012 the general power of competence was extended to eligible local councils. This means they no longer need to ask if they have a specific power to do something but instead have “the power to do anything that individuals generally may do” as long as they don’t break other laws. To be eligible at least two-thirds of the members of the Council must have been elected rather than co-opted and the Clerk must hold at least one of the sector‐specific qualifications and should have completed the relevant training designed as part of the National Training Strategy for local councils. Buckhurst Hill Parish Council holds the General Power of Competence.

A parish council has the unfettered right to raise money by precept (a mandatory demand) on the higher authority. The precept required by a parish council is then collected by the Higher Authority as part of the council tax levied on taxpayers in that parish.

Parish councils act as sounding boards for local opinion, though the range of services and amenities provided varies enormously. They often work with local voluntary organisations and other tiers of local government and have an important role in providing and improving very local services and amenities. Councils are represented nationally by NALC, which works with independent county associations (Essex Association of Local Councils) to provide routine support for councils and their clerks. County training partnerships provide training to the members and employees of parish councils.

There are certain obligations which by law a parish council must fulfil. For example:

  • It must hold an annual meeting;
  • It must hold at least three other meetings a year;
  • It must appoint such officers as it believes necessary for the proper discharge of its functions. This must include an officer responsible for the proper administration of financial affairs;
  • It must make Standing Orders for the supply of goods and services to the council.

The arrangements for meetings and proceedings of local councils are set out in Part II of Schedule 12 to the Local Government Act 1972, as supplemented by any standing orders adopted by a council.

Parish councils should not see themselves as operating in isolation. They will achieve far more by being prepared to work constructively with other public bodies and organisations around them.

Parish councils will wish to:

  • Be consulted on planning applications and will need a close relationship and understanding with the planning office of their higher authority. Parish councils are encouraged to prepare parish/neighbourhood plans in consultation with the planning office with a view to the plan being considered by the higher authority in considering planning applications and preparing the Local Plan.
  • Have points of contact with principal council services, such as highways, cleansing, parks, elections etc. and to contribute to the way such services are provided.
  • Work closely with the monitoring officer of the principal council on standards matters and the members’ code of conduct.
  • Be represented, collectively with other parish councils, on the Local Strategic Partnership.
  • Liaise with other stakeholders operating services within the parish council boundaries.
  • Contribute to proposals which may be made to the Secretary of State under the Sustainable Communities Act 2007.

As the lowest tier of democratically elected representatives in the country, parish councils have the mandate to speak on behalf of the people they represent. It is important that parish councils learn how to do this with authority and integrity in order to have the optimum effect.

Parish Council Powers

Function:

  1. Allotments,
  2. Baths and washhouses,
  3. Burial grounds, cemeteries, and crematoria,
  4. Bus shelters,
  5. Bye-laws,
  6. Clocks,
  7. Closed churchyards,
  8. Common pastures,
  9. Conference facilities,
  10. Community centres,
  11. Crime prevention,
  12. Drainage,
  13. Entertainment and the arts,
  14. Flyposting and Graffiti,
  15. General Power of Competence,
  16. Gifts,
  17. Highways,
  18. Investments,
  19. Land,
  20. Litter,
  21. Mortuaries and postmortem rooms,
  22. Open spaces,
  23. Parish documents,
  24. Public buildings and village hall,
  25. Public conveniences,
  26. Sustainable communities,
  27. Telecommunications facilities,
  28. Town and country planning,
  29. Tourism,
  30. Traffic calming,
  31. Transport,
  32. War memorials,
  33. Water supply,
  34. Well-being.

Powers & Duties:

  1. Duty to provide allotments, Power to improve and adapt land for allotments, and to let grazing rights.
  2. Power to provide public baths and washhouses.
  3. Power to acquire and maintain, Power to provide, Power to agree to maintain monuments and memorials, Power to contribute towards expenses of cemeteries.
  4. Power to provide and maintain shelters.
  5. Power to make bye-laws in regard to pleasure grounds, Cycle parks, Baths and washhouses, Open spaces and burial grounds, Mortuaries and post-mortem rooms.
  6. Power to provide public clocks.
  7. Powers as to maintenance.
  8. Powers in relation to providing common pasture.
  9. Power to provide and encourage the use of facilities.
  10. Power to provide and equip buildings for use of clubs having athletic, social, or recreational objectives.
  11. Powers to install and maintain equipment and establish and maintain a scheme for detection or prevention of crime, Power to contribute to police services e.g. PCSOs, Duty on Parish Councils to consider crime reduction in every policy and action.
  12. Power to deal with ponds and ditches.
  13. Provision of entertainment and support of the arts.
  14. Power to take enforcement action against those that fly-post or graffiti.
  15. General Power of Competence.
  16. Power to accept.
  17. Power to maintain footpaths and bridleways, Power to light roads and public places, Provision of litter bins, Powers to provide parking places for bicycles and motorcycles, and other vehicles, Power to enter into agreement as to dedication and widening, Power to provide roadside seats and shelters, Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway, Power to complain to highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside wastes, Power to provide traffic signs and other objects or devices warning of danger, Power to plant trees and lay out grass verges etc. and to maintain them.
  18. Power to participate in schemes of collective investment.
  19. Power to acquire by agreement, to appropriate, to dispose of, Power to accept gifts of land.
  20. Provision of receptacles, Power to take enforcement action against those that litter.
  21. Powers to provide mortuaries and postmortem rooms.
  22. Power to acquire land and maintain.
  23. Powers to direct as to their custody.
  24. Power to provide buildings for public meetings and assemblies.
  25. Power to provide.
  26. Right of representation on a panel of representatives to be consulted on proposals that would contribute to sustainable communities.
  27. Power to pay public telecommunications operators any loss sustained providing telecommunication facilities.
  28. Right to be notified of planning applications.
  29. Power to encourage visitors and provide conference and other facilities.
  30. Powers to contribute financially to traffic calming schemes.
  31. Powers in relation to car-sharing schemes, taxi fare concessions and information about transport, Powers to make grants for bus services.
  32. Power to maintain, repair, protect and alter war memorials.
  33. Power to utilise well, spring or stream and to provide facilities for obtaining water from them.
  34. Power to promote well-being of the area (for eligible councils, Wales only)

Statutory Provisions:

  1. Small Holding & Allotments Act 1908, s.23 – Small Holding & Allotments Act 1908 s.26 – Small Holding & Allotments Act 1908, s.42
  2. Public Health Act 1936, ss.221, 222, 223, 227
  3. Open Spaces Act 1906, ss. 9, 10 –  Local Government Act 1972, s.214 – Parish Councils and Burial Authorities Act 1970, s.1 – Local Government Act 1972, s.214(6)
  4. Local Government (Miscellaneous Provisions) Act 1953, s.4
  5. Public Health Act 1875, s.164 – Road Traffic Regulation Act 1984, s.57(7) – Public Health Act 1936, s.223 – Open Spaces Act 1906, s.15 – Public Health Act 1936, s.198
  6. Parish Councils Act 1957, s.2
  7. Local Government Act 1972, s.215
  8. Smallholdings and Allotments Act 1908, s.34
  9. Local Government Act 1972, s.144
  10. Local Government (Miscellaneous Provisions) Act 1976 s.19
  11. Local Government and Rating Act 1997, s.31 – Police Act 1996, s.92 – Crime and Disorder Act 1998, s.17
  12. Public Health Act 1936, s.260
  13. Local Government Act 1972, s.145
  14. Cleaner Neighbourhoods and Environment Act 2005
  15. Localism Act 2011 s.1
  16. Local Government Act 1972, s.139
  17. Highways Act 1980, ss.43, 50 – Parish Councils Act 1957, s.3 – Highways Act 1980, s.301 – Litter Act 1983, ss.5, 6 – Road Traffic Regulation Act 1984, ss.57, 63 – Highways Act 1980, ss.30, 72 – Parish Councils Act 1957, s.1 – Highways Act 1980, ss.47, 116 – Highways Act 1980, s.130 – Road Traffic Regulation Act 1984, s.72 – Highways Act 1980, s.96
  18. Trustee Investments Act 1961, s.11
  19. Local Government Act 1972, ss.124, 126, 127 – Local Government Act 1972, s.139
  20. Litter Act 1983, ss.5, 6 – Cleaner Neighbourhoods and Environment Act 2005
  21. Public Health Act 1936, s.198
  22. Public Health Act 1875, s.164 – Open Spaces Act 1906, ss.9, 10
  23. Local Government Act 1972, s.226
  24. Local Government Act 1972, s.133
  25. Public Health Act 1936, s.87
  26. Sustainable Communities Act 2007
  27. Telecommunications Act 1984, s.97
  28. Town and Country Planning Act 1990, Sched.1, para. 8
  29. Local Government Act 1972, s.144
  30. Highways Act 1980, s.274A
  31. Local Government and Rating Act 1997, s.26, 28, 29 – Transport Act 1985, s.106A
  32. War Memorials (Local Authorities’ Powers) Act 1923, s.1
  33. Public Health Act 1936, s.125
  34. Local Government Act 2000 s.2