Local Government Powers and Duties
Including S137 Annual Statutory Expenditure Limit
25th May 2016
Reviewed 15th May 2019
Local Government Powers and Duties
Local Councils have a wide range of powers and but very few duties.
Duties
A duty is an activity that must be carried out e.g. Local Councils must appoint a Chairman and a Clerk.
Powers
Statutory powers, granted by Parliament, give Local Councils the choice or opportunity to take action and are therefore discretionary. Like all powers given to public bodies the powers of Local Councils are defined in detail in legislation and these details may include a requirement to obtain the consent of another body (for example the approval of the County Council to the provision of a car park). Local Councils must exercise their powers also subject to the provisions of the general law (for example planning permission is necessary for a sports pavilion).
Section 137
Section 137 of the Local Government Act 1972, as amended by the Local Government and Housing Act 1989, Section 36, enables Councils to incur expenditure for certain purposes, not otherwise authorised, which in their opinion is in the interest of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants. The benefit obtained must be commensurate with the expenditure incurred. The annual expenditure must not exceed the total electorate multiplied by the annual statutory limit per elector.
The annual statutory limit for 2021/2022 is £8.41.
The electorate for 2021/2022 is 1482.
The statutory annual expenditure limit for 2021/2022 is £12,463.62.
Section 137 monies cannot be spent on an individual. For example, a scout may ask the Council for financial help to enable them to travel abroad on an exchange visit. Worthy as this may be, the Council cannot agree because the statute states that S137 monies must benefit some or all of its inhabitants. However, if a request came from the Scout Leader for the whole troop to travel abroad on an exchange visit, the Council could consider a grant for the whole group as this would then be benefiting some of its inhabitants.
Table of details
The powers which have been vested in Parish, Town and Community Councils by Acts of Parliament are summarised below as a guide. Each description is brief and is intended to be a general indication. It is not a complete list of every single power and duty. It also provides details of the regulations under which statutory provisions are made. 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.
| Function | Powers and Duties | Statutory Provision |
| Accounts | Duty to appoint a Responsible Financial Officer to manage the Councils’ accounts | Local Government Act 1972, section 151 |
| Acceptance of office | Duty to sign Declaration Of Acceptance Of Office (Councillors and Chairman) | Local Government Act 1972, section 83 |
| Agency arrangements | Power to arrange for the discharge of functions by another local authority | Local Government Act 1972, section 101 |
| Allotments | Power to provide allotments and duty to provide allotment gardens if demand exists | Smallholdings and Allotments Act 1908, subsections 23, 26 and 42 |
| Baths and washhouses | Power to provide public baths and washhouses (i.e. launderettes) | Public Health Act 1936, subsections 221, 222, 223 and 227 |
| Borrowing | Power to borrow money for statutory functions | Local Government Act 1972, Schedule 13 |
| Burial grounds, cemeteries and crematoria * | Power to acquire and maintain | Open Spaces Act 1906, subsections 9 and 10 |
| Power to provide | Local Government Act 1972, section 214 | |
| Power to agree to maintain memorials and monuments | Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, section 1 | |
| Power to contribute to expenses of maintaining cemeteries | Local Government Act 1972, section 214(6) | |
| Bus shelters * | Power to provide and maintain bus shelters | Local Government (Miscellaneous Provisions) Act 1953, section 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 (mini buses run on non-profit basis and catering for social and welfare needs of one or more communities) | Local Government and Rating Act 1997 |
| Byelaws | Power to make byelaws for public walks and pleasure grounds | Public Health Act 1875, section 164 |
| Power to make byelaws for cycle parks | Road Traffic Regulation Act 1984, section 57(7) | |
| Power to make byelaws for baths and washhouses | Public Health Act, 1936, section 233 | |
| Power to make byelaws for open spaces and burial grounds | Open Spaces Act, 1906, section 15 | |
| Car sharing scheme | Power to establish and maintain, or to assist others, in car-sharing scheme for the benefit of persons in Council’s area. Scheme whereby private cars are made available for use on journeys where one or more passengers may be carried at separate fares | Local Government and Rating Act 1997 |
| Chairman’s Allowance | Power to pay the Chairman reasonable allowance | Local Government Act 1972 sections 15(5) and 35(5) |
| Charities | Power to appoint trustees of parochial charities | Charities Act 1993, section 79 |
| Christmas lights | Power to provide to attract visitors | Local Government Act 1972, section 144 |
| Citizens Advice Bureau | Power to support | Local Government Act 1972, section 142 |
| Clocks * | Power to provide public clocks | Parish Councils Act 1957, section 2 |
| Closed churchyards | Power (and sometimes duty) to maintain | Local Government Act 1972, section 215 |
| Commons and common pastures | Powers in relation to enclosure, regulation and management, and providing common pasture | Enclosure Act 1845; Local Government Act 1894, section 8(4); Smallholdings and Allotments Act 1908, section 34 |
| Community centres | Power to provide and equip community buildings | Local Government Act 1972, section 133 |
| Power to provide buildings for use of clubs having athletic, social or educational objectives | Local Government (Miscellaneous Provisions) Act 1976, section 19 | |
| Conference Facilities * | Power to provide and encourage the use conference facilities | Local Government Act 1997, section 144 |
| Consultation | Right to be consulted by Principal Councils if directed by Secretary of State (England) or by Welsh Assembly (Wales) | Local Government and Rating Act 1997, section 21; Local Government Act 1972, section 33A |
| Councillors’ Allowances | Power to pay allowances and travelling and subsistence to elected members | The Local Authorities (Members’ Allowances) (England) Regulations 2003 |
| Crime prevention * | Power to spend money on various crime prevention measures. May make grants of money to police authorities | Local Government and Rating Act 1997, section 31 |
| Drainage | Power to deal with ditches and ponds | Public Health Act 1936, section 260 |
| Entertainment and the Arts* | Power to provide entertainment and support for the arts including festivals and celebrations | Local Government Act 1972, section 145 |
| Flagpoles | Power to erect flagpoles in the highways | Highways Act 1980, section 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, section 137 |
| Gifts | Power to accept gifts | Local Government Act 1972, section 139 |
| Highways | Power to repair and maintain public footpaths and bridleways | Highways Act 1980, subsections 43 and 50 |
| Power to light roads and public places | Parish Councils Act 1957, section 3; Highways Act 1980, section 301 | |
| Power to provide parking places for motor vehicles, bicycles and motorcycles | Road Traffic Regulation Act 1984, sections 57 and 63 | |
| Power to make a dedication agreement for a new highway or widening of an existing highway | Highways Act 1980, subsections 30 and 72 | |
| Consent of Parish Council required (right to veto application to Magistrates Court) for ending maintenance of highway at public expenses, to stop up, divert or cease to maintain a public highway | Highways Act 1980, subsections 47 and 116 | |
| Power to complain to a local highway authority that a highway is unlawfully stopped up or obstructed | Highways Act 1908, section 130 | |
| Power to plant trees etc. and maintain roadside verges | Highways Act 1980, section 96 | |
| Power to prosecute for unlawful ploughing of a footpath or bridleway | Highways Act 1980, section 134 | |
| Power to provide traffic signs and other notices | Road Traffic Regulation Act, 1984, section 72 | |
| Power to provide litter bins on the highway and public places * | Litter Act 1983, subsections 5 and 6 | |
| Power to provide seats and shelters on the highway and public places * | Parish Councils Act 1957 S1 | |
| Interests | Duty to declare an interest | Local Government Act 1972, section 94 |
| Investments | Power to participate in schemes of collective investment | Trustee Act 1961, section 11 |
| Land | Power to acquire land by agreement, to appropriate land and to dispose of land | Local Government Act 1972, subsections 124, 126 and 127 |
| Power to acquire land by compulsory purchase | Local Government Act 1972, section 125 | |
| Power to accept gifts of land | Local Government Act 1972, section 139 | |
| Power to obtain particulars of persons interested in land | Local Government (Miscellaneous Provisions) Act 1976, section 16 | |
| Lotteries | Power to promote lotteries | Lotteries and Amusements Act 1976, section 7 |
| Meetings | Duty to hold annual parish meeting | Local Government Act 1972, Schedule 12 paragraph 23 |
| Duty to hold annual parish council meeting | Local Government Act 1972, Schedule 12 paragraph 7 | |
| Power to convene a parish meeting | Local Government Act 1972, Schedule 12 paragraph 14 | |
| Mortuaries and post-mortem rooms | Power to provide mortuaries and post-mortem rooms | Public Health Act 1936, section 198 |
| Newsletters | Power to provide information relating to matters affecting local government | Local Government Act 1972, section 142 |
| Nuisances * | Power to deal with offensive ponds, ditches and gutters | Public Health Act 1936, section 260 |
| Open Spaces | Power to acquire and maintain open spaces | Public Health Act 1875, section 164; Open Spaces Act 1906, subsections 9, 10 |
| Parish documents and property | Power to give directions as to custody of parish documents | Local Government Act 1972, section 226 |
| Parks and pleasure grounds | 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, section 164; Local Government Act 1972 Schedule 14 paragraph 27; Public Health Acts Amendment Act 1890 section 44 |
| Public buildings and village halls | Power to prosecute or defend or appear in any legal proceedings. May institute civil proceedings in Parish Council name. May represent the community at public enquiries | Local Government Act 1972, section 222 |
| Public buildings and village halls * | Power to provide buildings for offices and for public meetings and assemblies | Local Government Act 1972, section 133 |
| Public conveniences | Power to provide public conveniences | Public Health Act 1936, section 87 |
| Public inspection of documents | Duty to provide the public the right to inspect certain documents | Local Government Act 1972, section 228 |
| Publicity | Power to provide information about matters affecting local government | Local Government Act 1972, section 142 |
| Records | Power to collect, exhibit and purchase local records | Local Government (Records) Act 1962, subsections 1 and 2 |
| Recreation * | Power to acquire land for, or to provide recreational facilities including recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them | Public Health Act 1875 S164; Local Government Act 1972 Schedule 14 Para 27; Public Health Acts Amendment Act 1890 section 44; Open Spaces Act 1906 sections 9 and 10 |
| Power to provide gymnasiums, playing fields and holiday camps | Local Government (Miscellaneous Provisions) Act 1976, section 19 | |
| Power to provide boating pools | Public Health Act 1961, section 54 | |
| Staff | Power to appoint staff under reasonable terms and conditions | Local Government Act 1972, section 112 |
| Subscriptions | Power to subscribe to Local Government associations | Local Government Act 1972, section 143 |
| Town and Country planning | Right to be notified of planning applications | Town and Country Planning Act 1990, Schedule 1 paragraph 8 |
| Tourism * | Power to contribute to encouragement of tourism | Local Government Act 1972, section 144 |
| Traffic calming | Power to contribute to the cost of traffic calming measures | Highways Act 1980, section 274A |
| 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 needs; (e) provide information about public transport services | Local Government and Rating Act 1997, section 26, Transport Act 1985, section 106A |
| Village signs | Power to make and erect decorative signs to inform visitors | Local Government Act 1972, section 144 |
| Village greens * | Power to maintain, to make byelaws for and to prosecute for interference with village greens | Open Spaces Act 1906, section 15; Enclosure Act 1857, section 12; Commons Act 1876, section 29 |
| War memorials | Power to maintain, repair and protect war memorials | War Memorials (Local Authorities Powers) Act 1923, section 1 as extended by Local Government Act 1948, section 133 |
| Water supply | Power to utilise any well, spring or stream to provide facilities for obtaining water from them | Public Health Act 1936, section 125 |
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 |
