Council Powers

Allowances for councillors

Power to pay councillors allowances

Local Authorities (Members’ Allowances) (England)Regulations 2003 - England

Ancillary power

Power to do anything that will facilitate, be conductive to or incidental to the discharge of its powers and functions

Local Government Act 1972, s.111

Bands and orchestras

Powers to maintain a band or orchestra or contribute to the maintenance of a band or orchestra in or outside the council’s area

Local Government Act 1972, s.145(1)(c)

Bands and orchestras

Power to charge for admission to performances

Local Government Act 1972, S.145(2)

Bicycles and motor cycles – parking places

Power to provide and maintain parking places for bicycles and motor cycles in the council’s area.

Road Traffic Regulations Act 1984, s.57(1)(a)

Bicycles and motor cycles – parking places

Power to provide stands and racks for bicycles and motor cycles in the council’s area.

Road Traffic Regulations Act 1984, s.63

Bicycles and motor cycles – parking places

Power to make byelaws for the use of and charging for parking places

Road Traffic Regulation Act 1984, s.57(7) - England

Boating Pools

Power to provide a boating pool in a park provided or managed by the council.

Public Health Act 1961, s.54(1)

Boating Pools

Power to charge a reasonable amount for its use

Public Health Act 1961, s.54(3)

Borrowing money

Power to borrow money with approval where necessary

Local Government Act 2003, Schedule 1, paragraph 2

Burial grounds and cemeteries

Power to provide and maintain open space or burial ground in or outside the council’s area.

Open Spaces Act 1906, ss.9-10

Burial grounds and cemeteries

Power to maintain for payment a monument or memorial on a private grave (for no more than 99 years) in the council’s area.

Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s.1

Burial grounds and cemeteries

Power to provide and maintain cemeteries in or outside the council’s area.

Local Government Act 1972, s.214(2)

Burial grounds and cemeteries

Power to contribute towards the maintenance of cemeteries where the inhabitants of the council’s area may be buried.

Local Government Act  1972, s.214(6). Local Authorities’ Cemeteries Order 1977

Burial grounds and cemeteries

Power to grant rights of burial, to place and maintain tombstones or memorials on graves and to charge fees.

Open Spaces Act 1906 s.15 - England

Burial grounds and cemeteries

Power to make byelaws

Bus Shelters

Power to provide and maintain bus shelters on roads or land adjoining roads in the council’s area

Local Government (Miscellaneous Provisions) Act 1953, s.4

Byelaws

Power to make byelaws

See specific subject areas in this table

Car parks (off-road)

Power to provide and maintain suitable off-road car parking places in the council’s area to relieve or prevent traffic congestion or to preserve local amenities.

Road Traffic Regulations Act 1984, s.57(1)(b)

Car parks (off-road)

Power to regulate use of car parks and charge for their use.

Road Traffic Regulation Act 1984, ss.59(3), 35(1)

Car Sharing Schemes

Power to establish and maintain a car sharing scheme that benefits the council’s area or to assist other in doing so

Local Government and Rating Act 1997, s.26

Charging for discretionary services

Power to charge on a cost recovery basis (i.e. not to make any profit) if the council has discretion to provide a service.  Power does not apply if the council has a separate power to charge for provision of a service or it is prohibited from charging for it.

Local Government Act 2003. s.93

Charities

Power to act as trustee of non-ecclesiastical charity

Charities Act 2011, ss.298-303, Local Government Act 1972, s.139(1) Local Government Act 1972, s.145(1)(b)

Cinemas

Power to provide a cinema, or contribute towards the expenses of a cinema in or outside the council’s area.

Local Government Act 1972, s.145(1)(b)

Cinemas

Power to charge for admission to a cinema provided by the council

Local Government Act 1972, s.145(2)