Role of the Parish Council

ROLE OF THE PARISH COUNCIL

Parish councillors are elected by the electors of the Parish, under section16(2) of the Local Government Act 1972, every four years. A councillor may also be returned by by-election, co-option, appointment by the district council or by return after a successful election petition.

All councillors are required to complete a declaration of acceptance of office and provide a written undertaking that they accept the councils Code of Conduct.

Individual councillors work together to serve the community and to help the council to make decisions on behalf of the local community. Councillors contribute to the work of the council by suggesting ideas, engaging in constructive debate and by responding to the needs and views of their constituents. Councillors comment on proposals to ensure the best outcome and vote to enable the councils to make decisions.

Councillors must accept the decisions of the council as a whole even if they do not agree with it. In such circumstances a councillor may ask for a vote against a resolution to be recorded. Councillors are required to behave in an ethical way and to declare an interest when necessary.

The Chairman is elected by the members of the council at the Annual Council Meeting and serves for twelve months under section 15(1) of the Local Government Act 1972. The chairman’s main role is to run meetings.

The Local Government Act in 1894 created civil parish councils effectively excluding the church from local government. Local Government was further reformed in 1974 following the Local Government Act in 1972 with the result that parish councils had more freedom to operate without consents from central government. A parish council is a ‘Body Corporate’ under section 14(3) of the Local Government Act 1972, which means it is an ‘it’ in law and that the decisions it takes are the responsibility of the council as a whole.

The council represents and serves the whole community. The council is responsible for the services it provides, it establishes polices for action and decides how money will be raised and spent on behalf of the community. The council is responsible for spending public money lawfully and achieving the best value for money.

Except in certain circumstances (Public Bodies (admission to Meetings) Act 1960) council meetings are open to the public.

Duties of a Parish Council.

Parish councils currently have a limited number of duties but they all impact directly on the community.

The following are all under the remit of local councils: 


Allotments

Burial Grounds, Cemeteries, Churchyards and Crematoria

Bus Shelters

Bye-laws – the power to make bye-laws concerning: baths and washhouses (swimming pools), cycle parks, mortuaries and pleasure grounds

Clocks – public clocks can be provided and must be maintained

Community Centers, Conference Centers, Halls, Public Buildings

Drainage – of ditches and ponds

Entertainment and the Arts

Footpaths

General Spending – parish councils can spend a limited amount of money on anything they deem of benefit to the community that is not covered by the other specific responsibilities described in this list

Gifts – parish councils may accept gifts

Highways – lighting, parking places, right to enter into discussions about new roads and road widening, consent of parish council required for diversion or discontinuation of highway, traffic signs and other notices, tree planting and verge maintenance

Land – acquisition and sale of

Legal proceedings – power to prosecute and defend any legal proceedings in the interests of the community, power to take part in any public enquiry

Litter - provision of litter-bins and support for any anti-litter campaigns

Planning – parish councils must be notified of, and display for residents, any planning applications for the area. Any comments submitted to the planning authority by the parish council must be taken into account

Postal and Telecommunication Facilities – power to pay a public telecommunications operator any loss sustained in providing services in that area

Public conveniences – provision and maintenance of public toilets

Recreation – provision of recreation grounds, public walkways, pleasure grounds, open spaces, village greens, gymnasiums, playing fields, holiday camps and boating ponds

Rights of Way – footpath and bridleway maintenance

Seats (public)

Signs – danger signs, place names and bus stops signs

Tourism – financial contributions to any local tourist organisations allowed

Traffic Calming

War Memorials

Water Supply – power to utilise stream, well or spring water and to provide facilities for general

use