What the Parish Council Does
Quick Jump.
What is a Parish? The Parish CouncilWhat has the Parish Council ever done for me?How much does it cost?Who Controls the Parish Council?Powers and DutiesWhat is a Parish?
There are two sorts of parishes, whose boundaries do not always coincide. These are a) Ecclesiastical parishes centred on an Anglican church with a parochial church council, and b) the Civil Parishes, which are part of local administration.
A civil parish is an independent local democratic unit for villages, smaller towns and cities and suburbs of urban areas. Each parish has a Parish (or Town) Meeting, and where the electorate exceeds 200, have a Parish or Town council.
The Parish Council
The Parish Councils have their origins in feudal times with the old parochial parishes. Villages were ruled by the Lord of the Manor and villagers were given the opportunity to air grievances to make decisions which affected the whole community at annual Parish Meetings. As time progressed the power of the feudal lords waned and Parish Priests took on roles of leadership. By 1601 Church Vestry Meetings were given the responsibility of levying the poor rate. These were the first effective local taxes. Parishes were grouped together into Hundreds for tax, military and judicial purposes. Halwill was part of the Black Torrington Hundred.
By the nineteenth century demographic changes were starting to expose the limitations of this system of Parishes and Hundreds. Having their roots in land holdings of Lords of the Manor many Parishes were split into discontiguous parts, not necessarily even in the same County. Urbanisation and the increasing importance of non-established religions meant that reforms were needed. Parish Councils in their modern form were founded by Gladstone's 1894 Local Government Act as the first tier of government. District Councils taking over the role of the old Hundreds. Its councillors are elected for four years at a time. Vacancies occurring between elections are filled by bye-election (if requested) or co-option. There is still an Annual Parish Meeting where the views of the Parishioners are sought. In addition Halwill holds monthly Meetings which are open to the public. Agendas for these Meetings are posted on the Parish notice boards at Halwill and Halwill Junction. The council is the corporation of the village. Each year the councillors choose a chairman from amongst their number. There is also a vice-chairman and a clerk, who is the Proper Officer. Details of all your Councillors and the Clerk can be found by clicking the link on the right of this page.
The Parish Council has a number of formal powers. For example, it has the power to maintain and guard things such as rights of way, bus shelters, public seats, small scale street lighting, and provides the village hall and playing fields. The Parish council can do these things by actually providing them itself, or by helping someone else (such as a charity or volunteers) financially to do so. Parish councils have the power to improve the quality of community life by spending sums of money on things which, in their opinion, are in the interests of the parish or it's inhabitants. There are many things which are outside the the Parish Council remit and are properly the business of District, County or Central government. A list of the Parish Council's main Powers and Duties is given below.
What has the Parish Council ever done for me?
Bins, Playing field, Parish Hall, events, footpaths, benches....
How much does it cost?
Parish councils are the most un bureaucratic and cheapest kind of local authority in existence. Their funds are a tiny part of the council tax. They get no general government grant, and so have every incentive to be economical. The accounts are strictly audited every year by an internal auditor and the Audit Commission. Like all Parish records the accounts are open to Public inspection.
Who controls the Parish Council?
You do! You elect its members every four years and you are entitled to go to the annual parish meeting and say what you think. Members of the public are encouraged to sit in on the monthly council meetings, and participate when there is a public session.
Powers And Duties Of Parish Councils
Functions | Powers And Duties | Statutory Powers |
|---|---|---|
Agency Arrangements | Power to arrange for the discharge of functions by another local authority | Local Government Act 1972 s.101 |
Allotments | Powers to provide allotments Duty to provide allotment gardens if demand unsatisfied | Small Holdings Allotments Act 1908 ss 23, 26 and 42 |
Archives | Power to make records held available to the public and support local archives | Local Government (Records) Act 1962, ss1 and 4 |
Baths and Washhouses: | Power to provide public baths and washhouses | Public Health Act 1936 ss 221, 222,223 and 227 |
Borrowing | Power to borrow money for statutory functions | Local Government Act 1972 Sch. 13 |
Burial Grounds, Cemeteries and crematoria* | Power to acquire and maintain | Open Spaces Act 1906, ss 9 and 10: Local Government Act 1972, s 214 |
Power to provide | Local Government Act 1972, s.214 | |
Power to agree to maintain monuments end memorials | Parish Council and Burial Authorities (Miscellaneous Provisions) Act 19970, s. 1 | |
Power to contribute towards expenses of cemeteries | Local Government Act 1972 | |
Bus Shelters | Power to provide and maintain | Local Government (Miscellaneous) Act 1953 s.4 |
Bye Laws | Power to make byelaws for public walks and pleasure ground | Public Health Act 1875, s 164 |
Cycle Parks | Road Traffic Regulation Act 1984 s.57 (7) | |
Swimming pools, bathing places, baths and washhouses | Public Health Act 1936, s 223 | |
Open Spaces and Burial Grounds | Open Spaces Act 1906 ss 12 and 15 | |
Mortuaries and post-mortem rooms | Public Health Act 1936 s. 198 | |
Public Bathing | Public Health Act 1936 s. 231 | |
Hiring of pleasure boats in parks and pleasure grounds | Public Health Amendments Act 1907, s 44(2): Public Health Act 1961, s54 | |
Charities | Duty to receive accounts of parochial charities | Charities Act 1960, s 32 |
Power to appoint trustees of parochial charities | Charities Act 1993, s 79 | |
Clocks* | Power to provide public clocks | Parish Councils Act 1957,s 2 |
Closed Churchyards | Powers (and sometimes duty) as to maintain | Local Government Act 1972, s.215 |
Commons Land and Common Pastures | Powers in relation to inclosure as to regulation and management and as to providing common pasture | Inclosure Act 1845; Local Government Act 1984, s 8(4); Smallholding and Allotments Act 1908, s.34 |
Power to protect unclaimed common land from unlawful interference | Commons Registration Act1965,s.9 | |
Power to manage commons and village greens under a district council scheme | Commons Act 1899, ss 4 & 5 | |
Conference facilities* | Power to provide and encourage the use of facilities | Local Government Act 1972, s.144 |
Consultation | Right to be consulted by principal councils if directed by Secretary of State (England) of by Welsh Assembly (Wales) | Local Government and Rating Act1997, s21; Local Government Act 1972, s 33A |
Community Centres and Village Halls | Power to provide and equip premises for use of clubs having athletic, social or educational objectives | Local Government (Miscellaneous Provisions) Act 1976, s.19 |
Crime Prevention* | Powers to spend money on various crime prevention measures | Local 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 crime | Local Government and Rating Act 1997, s 31 | |
Delegated Functions | Power 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 1972ss. 101, 111 and 112 |
Drainage | Power to deal with ponds/ditches | Public Health Act 1936, s. 260 |
Education | Right to appoint governors of primary schools | School Standards and Framework Act 1988, Para 15 of Sch.10 |
Entertainment and the Arts* | Provision of entertainment and support of the arts | Local Government Act 1972,s145 |
Environment | Power to act for the benefit of the community by tackling and promoting awareness of environmental issues | Local Government Act 1972,ss 111 and 137 |
Flagpoles | Power to erect flagpoles in highways | Highways 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 inhabitants | Local Government Act 1972,s139 |
Gifts | Power to accept | Local Government Act 1972 s139 |
Highways | Power to repair and maintain footpaths and bridleways | Highways Act 1980, ss 43 and 50 |
Power to light roads and public places | Parish Councils Act 1957 s 3:Highways Act 1980, s 301: Local Government Act 1972,Sched. 14 Para 27 | |
Provision of litter bins | Litter Act 1983, 5 and 6 | |
Power to provide parking places for vehicles, bicycles and motorcycles | Road Traffic Regulation Act 1984, ss 57 and 63 | |
Power to enter into an agreement as to dedication and widening | Highways Act 1980. ss 30 and 72 | |
Power to provide roadside shelters, and omnibus 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 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 notices | Highways Act 1980, s 130 | |
Power to plant trees, etc., and to maintain roadside verges | Road Traffic Regulation Act 1984, s 72; Countryside Act 1968 | |
Power to complain to local highway authority that a highway is unlawfully stopped up or obstructed | Highways Act 1980, s 96 | |
Power to prosecute for unlawful ploughing of a footpath or bridleway | Highways Act 1980, s 130 Highways Act 1980, s 134 | |
Investments | Power to participate in schemes of collective investment | Trustee Investments Act 1962,s11 |
Land | Power to acquire land by agreement, to appropriate land and to dispose of | Local Government Act 1972, ss 124, 126 and 127 |
Power to accept gifts of land | Local Government Act 1972s139 | |
Power to acquire land by compulsory purchase | Local Government Act 1972, s 125 | |
Power to obtain particulars of persons interested in land | Local 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 them | Public 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 | |
Lighting | Power to light roads and public places | Parish Councils Act 1957, s Highways Act 1980, s 301 |
Litter* and dog fouling | Provision of receptacles Obliged to keep own land free of litter and dog faeces | Litter Act 1983, ss 5 an Environmental Protection Act 1990; Litter (Animal Droppings) Order 1991 |
Lotteries | Power to promote | Lotteries and Amusements Act 1976, s 7 |
Mortuaries and post-mortem rooms | Powers to provide mortuaries and post-mortem rooms | Public Health Act 1936, s 198 |
Nature Reserves | Power to designate statutory to the nature reserves and marine nature reserves - English Nature can designate sites of specific scientific interest | National 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 | ||
Nuisances | Power to deal with offensive ditches, ponds and gutters | Public Health Act 1936, s 260 |
Open Spaces | Power to acquire land and maintain | Public 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 Records | Powers to direct as to their custody | Local Government Act 1972, s226 |
Parking Facilities | Power to provide parking places for motor vehicles, motorcycles and bicycles | Road Traffic Regulation Act 1984, ss 57 and 63 |
Planning | Right to be notified of and power to respond to planning applications | Town and Country Planning Act 990, Sched. 1 Para 8; Local Government Act 1972, Sched. 15 Para 20. |
Postal and telecommunications facilities | Power to pay the Post Office, British Telecommunications or any other public telecommunications operator any loss sustained in providing post or telegraph office or telecommunications facilities | Post Office Act 1954, s 51; Telecommunications Act 1984,s97 |
Public Buildings and Village Halls | Power to provide buildings for offices and for public meetings and assemblies | Local Government Act 1972 s 133 |
Public Conveniences | Power to provide | Public Health Act 19336, s 87 |
Public Enquiries | Power to make representations at public enquiries | Local Government Act 1982, s222 |
Publicise functions | Power to publicise council and local authority functions | Local Government Act 1982, s. 142 |
Raising of Finances | Power to raise money through them precept | Local Government Act 1982, s150 |
Records | Power to collect, exhibit and purchase local records | Local 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 pools | Public Health Act 1962, s 54 | |
Seats and Shelters* | Power to provide roadside seats and shelters | Parish Councils Act 1957, s 1 |
Tourism* | Power to contribute to the encouragement of tourism | Local Government Act 1972, s. 144 |
Town and Country Planning | Right to be notified of planning applications | Town & Country Planning Act 1990, Sched. 1 Para 8 |
Town Status | Power to adopt town status | Local Government Act 1972, ss 245 and 245B |
Traffic Calming | Power to contribute financially to traffic calming schemes | Local Government and Rating Act 1997, s 26 |
Training | Power to train Councillors | Local 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 greens | Power to maintain, to make bylaws for and to prosecute for interference with village greens | Open Spaces Act 1906, s 15 Inclosure Act 1857, s 12, Commons Act 1876, s 29 |
War Memorials | Power to maintain, repair, protect and adapt war memorials | War Memorials (Local Authorities Powers) Act 1923, s 1 as extended by Local Government Act 1948, s 133 |
Water Supply | Power to utilise well, spring or stream and to provide facilities for obtaining water therefrom. | 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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