What is a parish council?
Parish and town councils in England and community and town councils in Wales are the first tier of local government. They deliver a vast range of services at a community-level.
There are around 10,000 community, parish and town councils in England and Wales, made up of nearly 100,000 councillors. These first-tier councils can respond to the needs of the community – delivering the services or representation it most needs.
At present, but not in all locations in England and Wales, there is a three-tiered structure of local government.
Town/Parish/Community Council
↓
District/Borough Council
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County Council
Parish and town councils have a large range of powers, and the activities parish and town councils are involved in are immense. Many parish and town councils are involved in planning, promoting tourism, licensing, community halls, representation, management of town and village centres and providing community halls.
How parish councils work
Parish councils are statutory bodies. Members are elected for a term of four years and councils are funded principally by an annual “Precept”. Income and expenditure for the next financial year are calculated in the form of estimates. The net amount (the precept) is added to council tax, collected by the county, borough or district council (principal authorities) and paid to parishes in two six-monthly instalments. Parish and town councils can apply for other funding such as grant and funding awards, but they do not receive funds direct from central government, as principal authorities do.
About Blackthorn Parish Council & what it can do
The powers which have been vested in Parish Councils by Acts of Parliament are summarised in the table below and act as a “general guide” to residents.
Please note that not every power listed within the table is applicable to Blackthorn Parish Council due to the bespoke nature of each parish throughout the country ie, some may have more amenities than others, which the council may or may not be responsible for.
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 Oxfordshire 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 certain developments in the village of Blackthorn).
Information on all these details are available from the Clerk of Blackthorn Parish Council, Tracey Charlesworth (contact details further below).
The powers are summarised below, with specific Blackthorn examples in italics:
Function | Powers & Duties | Statutory Provisions |
Allotments | Powers to provide allotments. Duty to provide allotment gardens if demanded unsatisfied | Small Holding & Allotments Act 1908, ss. 23, 26, & 42 |
Baths and Washhouses N/A BLACKTHORN | Power to provide public baths and washhouses | Public Health At 1936, Ss 221, 222, 223 & 227 |
Burial grounds, cemeteries and crematoria BPC contribute to the upkeep of St Mary’s Church, Ambrosden | 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, s. 214; Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s.1 Local Government Act 1972, s. 215(6) |
Bus Shelters Cleaning of Thame Road Shelter | Power to provide and maintain shelters | Local Government (Miscellaneous Provision) Act 1953, s. 4 |
Bye Laws | 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 | 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 |
Charities | Duty to receive accounts of parochial charities | Charities Act 1960, s.32 |
Clocks N/A BLACKTHORN | Power to provide public clocks | Parish Councils Act 1957, s.2 |
Closed Churchyards | Powers as to maintenance | Local Government Act 1972, s.215 |
Commons and common pastures | Powers in relation to enclosure, as to regulation and management, and as to providing common pasture | Enclosure Act 1845; |
Conference facilities Blackthorn Village Hall | Power to provide and encourage the use of facilities | Local Government Act 1972, s.144 |
Community centres Contribution to Blackthorn Village Hall | Power to provide and equip buildings for use of clubs having athletic, social or educational objectives | Local Government (Miscellaneous Provisions) Act 1976 s.19 |
Crime prevention Neighbourhood Watch | Powers to spend money on various crime prevention measures | Local Government and Rating Act 1997, s.31 |
Drainage A41 Pond | Power to deal with ponds and ditches | Public Health Act 1936, s.260 |
Education N/A BLACKTHORN | Right to appoint school governors | Education (No.2) Act 1986, s.4 |
Entertainment and the arts Support of Village Events | Provision of entertainment and support of the arts | Local Government Act 1972, s.145 |
Gifts (to the benefit of the community) | Power to accept | Local Government Act 1972, s.139 |
Highways Core highway maintenance powers reside with Oxfordshire County Council and in certain circumstances, Cherwell District Council as their agents. Proposals for Blackthorn Traffic Calming Scheme. Verge Maintenance (grass) – principle roads through Blackthorn | Power to repair and maintain public footpaths and bridle-ways. 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 omnibus 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 district council as to protection of rights of way and roadside wastes Power to provide traffic signs and other notices Power to plant trees etc. and to maintain roadside verges | Highways Act 1980, ss.43,50 Parish Councils Act 1957, s.3; 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 |
Investments | Power to participate in schemes of collective investment | Trustee Investments Act 1961, s.11 |
Land Play Area Long Term Lease | Power to acquire by agreement, to appropriate, to dispose of Power to accept gifts of land | Local Government Act 1972, ss.124, 126, 127 Local government Act 1972, s.139 |
Litter Dog Bins on Weir Lane and Lower Road | Provision of receptacles | Litter Act 1983, ss.5,6 |
Lotteries | Powers to promote | Lotteries and Amusements Act 1976, s.7 |
Mortuaries and post mortem rooms N/A BLACKTHORN | Powers to provide mortuaries and post mortem rooms | Public Health Act 1936, s.198 |
Nuisances Note: rainwater ditches passing infront of Blackthorn properties are the responsibility of the home owner | Power to deal with offensive ditches | Public Health Act 1936, s.260 |
Open spaces | Power to acquire land and maintain | Public health Act 1875, s.164 |
Parish Property and documents | Powers to direct as to their custody | Local Government Act 1972, s.226 |
Postal and telecommunications facilities | Power to pay the Post Office, British Telecommunications or any other public telecommunications operator any loss sustained providing post or telegraph office or telecommunication facilities | Post Office Act 1953, s.51; |
Public buildings and village hall Blackthorn Village Hall however a separate entity (Village Hall Committee) maintains the facility. | 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 1936, s.87 |
Recreation Thame Road Play Area and proposals for redevelopment by the Recreational Park Committee | 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 Public Health Act 1961, s.54 |
Town and Country Planning | Right to be notified of planning applications | Town and Country Planning Act 1990, Sched.1, para.8 |
Tourism | Power to contribute to organisations encouraging | Local Government Act 1972, s.144 |
Traffic Calming Proposals for Blackthorn Traffic Calming Scheme | Powers to contribute financially to traffic calming schemes | Local Government and Rating Act 1997, s.30 |
Transport | Powers to spend money on community transport schemes | Local Government and Rating Act 1997, s.26-29 |
War memorials N/A BLACKTHORN | Power to maintain, repairs, 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 |