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Barnsley Metropolitan Borough Council is responsible for strategic services such as highways, education, libraries social services, strategic planning and refuse collection and disposal. It is also responsible for housing and local planning.
Parish Councils are viewed as the part of government closest to the people. It is the first tier of governance, is democratically elected representing residents at parish level, that makes decisions on behalf of the people in the parish and is the first point of contact for anyone concerned with a community issue. For this reason, they are a vital part of any community.
Parish Councils are given certain powers and duties by different acts of parliament. This means that they may only do what the law says they “may” do (powers) and they must do what the law says they “must” or “shall” do (duties).
Listed below are some examples of powers and duties of local councils and the legislation behind. Other functions and services may be powers or duties of the principal authority – Barnsley Metropolitan Borough Council.
Parish Councils may only do what the law says they “may” do (powers) and they must do what the law says they “must” or “shall” do (duties).
| Function | Powers and Duties | Statutory Provisons |
|---|---|---|
| Allotments | Powers to provide allotments. Duty to provide allotment gardens if demand unsatisfied and if reasonable. |
Small Holdings and Allotments Act 1908 ss 23, 26 & 42 |
| Baths and Washhouses | Power to provide public baths and washhouses (i.e. laundrettes). | Public Health Act 1936 ss 221,222,223 & 227 |
| Burial Grounds, Cemeteries and Crematoria | Power to acquire and maintain. Power to provide. Power to agree to maintain monuments and memorials. Power to contribute towards expenses of cemeteries. |
Open Spaces Act 1906 ss 9 and 10; Local Government Act 1972 s214. Parish Councils & Burials Authorities. (Misc. Provisions) Act 1970 s 1. Local Government Act 1972 s 214 (6). |
| Bus Shelters | Power to provide and maintain shelters. | Local Government Misc. Provisions Act 1953 s 4 |
| Bus Services | Power to make grants of money (though not of a capital nature) for bus service appearing to be for the benefit of people living in the council’s area or community bus service. | Local Government Rating Act 1997 |
| Byelaws | Power to make Byelaws in regard to:
|
Public Health Act 1875 s 164. Public Health Act 1936 s 223. Open Spaces Act 1906s 15. Public Health Act 1936 s 198. Road Traffic Regs Act 1984 s 57(7). |
| Car Sharing Scheme | Power to establish and maintain, or to assist others, in car sharing scheme for benefit of persons in the council’s area. | Local Government and Rating Act 1997. |
| Chairman’s Allowance | Power to pay the chairman reasonable allowance. | Local Government Act 1972 s 15(5) and 35 (5) |
| Change of use of land | Power to use land by a parish council for another purpose other than what it was acquired for. | Local Government Act 1972 s 126. |
| Citizen’s Advice Bureau | Power to assist bodies such as CABs in advising individuals and by making or receiving communications or by providing representation to or before any body or person in asserting an individual’s rights or obligation. | Local Government Act 1972 s 142. |
| Clocks | Power to provide public clocks | Parish Councils Act 1957 s 2 |
| Closed Churchyards | Powers to maintain | Local Government Act 1972 s 215 |
| Commons & Common Pastures. | Powers in relation to enclosure as to regulation and management and as to providing common pasture. | Enclosure Act 1845; Local Gov Act 1894 s 8 (4); Smallholdings & Allotments Act 1908 s 34 |
| Conference facilities | Power to provide & encourage the use of facilities. | Local Gov Act 1972 s 144. |
| Community Centres | Power to provide and equip buildings for use of clubs having athletic, social or educational objectives | Local Gov (Misc. Provisions) Act 1976 s19 |
| Crime Prevention | Power to install and maintain equipment with view to preventing and detecting crime in own area; may make grants of money to police authorities. | Local Govt Rating Act 1997 |
| Drainage | Power to deal with ponds and ditches. | Public Health Act 1936 s 260 |
| Education | Right to appoint school governors. | Education (no 2) Act 1986 s 4 |
| Entertainment and the Arts | Provision of entertainment and support of the arts. | Local Government Act 1972 s 145. |
| Gifts | Power to accept | Local Government Act 1972. |
| Highways | Power to repair and maintain public footpaths and bridleways. Power to light roads and public places. Provision of litter bins. Power to provide parking places for vehicles, bicycles and motor cycles. Power to enter into agreement as to dedication and widening. Power to provide roadside seats and shelters and bus shelters. Power to complain to primary authority as to protection of rights of way and roadside waste. Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway. Power to provide traffic signs and other notices. Power to plant trees etc and to maintain roadside verges. Power to fund traffic calming measures. |
Highways Act 1980 ss 43 50. Parish Councils Act 1957 s3. Highways Act 1980 s 301. Litter Act 1983 ss 56. Road Traffic Regulations Act 1984 ss 57, 63. Highways Act 1980 ss 30, 72. Parish Councils Act 1957 s l. Highways Act 1980 s 130. Highways Act 1980 ss 47, 116. Road Traffic Reg Act 1984 s 72. Highways Act 1980 s 96. Local Government and Rating Act 1997, s30. |
| Investments | Power to participate in schemes of collective investment. | Trustee Investments Act 1961 s 11. |
| Investigation and publicity | Power to investigate the need for public passenger transport; the use and need for roads; the management and control of traffic. | Local Government Rating Act 1997. |
| Land | Power to acquire land by agreement, to appropriate, to dispose of. Power to accept gifts of land. |
Local Govt Act 1972 ss 124, 126, 127. Local Govt Act 1972 s 139. |
| Litter | Provision of receptacles. | Litter Act 1983 ss 5,6. |
| Lotteries | Power to Promote | Lotteries and Amusements Act 1976 s 7 |
| Mortuaries/ post mortem rooms | Provision of information relating to matters affecting local government. NOTE. District Auditor now agrees that to develop the spirit of Best Value this power may be used for parish newsletters. |
Local Government Act 1972 s 142 |
| Nuisances | Power to deal with offensive ditches. | Public Health Act 1936 s 260. |
| Open Spaces | Power to acquire land and maintain. | Public Health Act 1987 s 164; Open Spaces Act 1906 ss 9 and 10 |
| Parish Property and Documents | Power to direct as to their custody. | Local Government Act 1972 s 226. |
| 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 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. Provision of boating pools. |
Public Health Act 1875 s 164; Local Govt Act 1972. Sched 14 para 27; Public Health Acts: Amendment Act 1890 s 44; Open Spaces Acct 1906 ss 9 and 10. Local Govt (Miscellaneous Provisions) Act 1976 s 19. Public Health Act 1961 s 54. |
| Staff | Power to appoint staff under reasonable terms and conditions | Local Government Act 1972 s 112. |
| Subscriptions to County ALC, NALC and other associations | Power to subscribe to local government associations. | Local Government Act 1972 s143. |
| Subsidiary Powers | The power to do anything which is coincidental to the discharge of the council’s functions. | Local Government Act 1972 s 111. |
| Taxi fare concessions | Power to make arrangements with licensed taxi or hire car operator whereby he/she is reimbursed for giving fare concessions to persons resident in council area eligible to receive travel concessions under scheme established by County or District under Transport Act 1985. |
Local Govt Rating Act 1997 |
| Town and County Planning | Right to be notified of planning applications. | Town and County Planning Act 1990 Sched 1 para 8. |
| Tourism | Power to contribute to organisation encouraging tourism. | Local Gov Act 1972 s 144. |
| Traffic calming works, speed cameras, CCTV cameras etc. | Power to contribute to expenditure by highway authority (principally Primary Authority) in constructing, removing or maintaining traffic calming works, if it will be of benefit to the area. | Local Govt Rating Act 1997. |
| Village Signs | Power to contribute to expenditure by highway authority (principally Primary Authority) in constructing, removing or maintaining traffic calming works, if it will be of benefit to the area. Power to make and erect ornamental village signs under the power to encourage visitors to the locality. |
Local Govt Rating Act 1997. |
| 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 provide facilities for obtaining water | Public Health Act 1936 s 125. |