Parish and town councils are the lowest level in the British governmental structure and closely represent the interests of local communities. The parish council should not be confused with the Parochial Church Council (PCC) which deals with all ecclesiastical functions.
Parish and town Councils are an essential part of the structure of local democracy and have a vital role in acting on behalf of the communities they represent. Councils:
- give views, on behalf of the community, on planning applications and other proposals that affect the parish
- undertake projects and schemes that benefit local residents
- work in partnership with other bodies to achieve benefits for the parish
- alert relevant authorities to problems that arise or work that needs to be undertaken
- help the other tiers of local government keep in touch with their local communities.
The basic arrangement of parish councils is governed mostly from the Local Government Act 1974 and stemming from this and a variety of amendments and other Acts and Regulations councils have various powers (rights to undertake functions) and duties (requirements to undertake functions). A list (prepared by the National Association of Local Councils) can be viewed here
Councillors are elected by electors of the parish — elections being held every fourth year — or co-opted in order to fill a vacancy, although in certain circumstances an election must be held to fill a casual vacancy. Parish councils must hold an annual meeting in April/May plus at least three other meetings, each year. Willersey meets every month, usually on the third Monday in the Village Hall and will sometimes arrange a special meeting normally to consider a planning application. A number of smaller parishes do not have elected councils, but must hold parish meetings twice a year.
Councillors must comply with a Code of Conduct and are regulated by Standing Orders and Financial Regulations which they agree to from time to time.
Parish and town councils have the power to precept (tax) their residents to support their operations and to carry out local projects. In Willersey the budget for the forthcoming year (April to March) is normally discussed at the November meeting and finalised at the December meeting when the precept for the following year is set. The precept is collected by the local authority (Cotswold District Council) and passed on to the parish.
Members of the public may attend parish council meetings and the arrangement in Willersey is that they are given an opportunity to talk on any matter on the agenda for a maximum of three minutes before the formal meeting is opened. The public may not speak whilst the formal business of the council is being conducted, unless invited to do so by the Chairman. The minutes of each meeting are adopted (with or without amendment) at the next council meeting. The minutes are published on the website shortly after each meeting in draft form.
The Powers & Duties of the Parish Council are listed below:
| Function | Powers & Duties | Statutory Provisions |
|---|---|---|
| Access land | Power to enforce byelaws made by another authority | Countryside and Rights of Way Act 2000, s. 17 |
| Allotments | Duty to provide allotments. Power to improve and adapt land for allotments, and to let grazing rights | Small Holdings & Allotments Act 1908, ss. 23, 26, and 42 |
| Baths and washhouses | Powers relating to provision of public baths, washhouses and bathing huts | Public Health Act 1936, ss. 221 – 223 and 225 – 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, s. 214; Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s. 1 Local Government Act 1972, s. 214(6) |
| Bus shelters | Power to provide and maintain shelters | Local Government (Miscellaneous Provisions) 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 Conveniences |
Public Health Act 1875, s. 164 Road Traffic Regulation Act 1984, s.57(7) Public Health Act 1936, s.223 Open Spaces Act 1906, ss.15 and 12 Public Health Act 1936, s.198 Public Health Act 1936, s. 87 |
| Clocks | Power to provide public clocks | Parish Councils Act 1957, s.2 |
| Closed churchyards | Powers as to maintenance | Commons Act 1899, s.5 |
| Commons | Power for parish council to contribute to expense relating to scheme for the regulation and management of a common. | Commons Act 1899, s.5 |
| Common pastures | Powers in relation to providing common pasture | Smallholdings and Allotments Act 1908, s.34 |
| Conference facilities | Power to provide and encourage the use of facilities | Local Government Act 1972, s.144 |
| Community centres | Power to provide and equip buildings for use of clubs having athletic, social or recreational objectives | Local Government (Miscellaneous Provisions) Act 1976 s.19 |
| Crime prevention | Powers to install and maintain equipment and establish and maintain a scheme for detection or prevention of crime | Local Government and Rating Act 1997, s.31 |
| Drainage | Power to deal with ponds and ditches | Public Health Act 1936, s.260 |
| Entertainment and the arts | Provision of entertainment and support of the arts | Local Government Act 1972, s.145 |
| Financial assistance | Duty to require information | Local Government Act 1972, s.137A |
| General powers | Power to incur expenditure for certain purposes | Local Government Act 1972, s.137 |
| Gifts | Power to accept | Local Government Act 1972, s.139 |
| Highways | Power to maintain footpaths and bridleways Power to light roads and public places Provision of litter bins Powers to provide parking places for bicycles and motor-cycles, and other vehicles Power to enter into agreement as to dedication and widening Power to provide roadside seats and 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 highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside wastes Power to provide traffic signs and other objects or devices warning of danger Power to plant trees and lay out grass |
Highways Act 1980, ss.43,50 Parish Councils Act 1957, s.3; Highways Act 1980, s.301 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 | 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 | 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 | Powers to provide mortuaries and post mortem rooms | Public Health Act 1936, s.198 |
| Open spaces | Power to acquire land and maintain | Public Health Act 1875, s.164 Open Spaces Act 1906, ss.9 and 10 |
| Parish documents | Powers to direct as to their custody | Local Government Act 1972, s.226 |
| Public buildings and village hall | Power to provide buildings for public meetings and assemblies | Local Government Act 1972, s.133 |
| Public conveniences | Powers relating to provision of public conveniences | Public Health Act 1936, s.87 |
| Recreation | Power to acquire land for or to provide 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 |
(see Local Government Act 1972, Sched.14 para.27) Public Health Act 1875, s.164 Public Health Acts Amendment Act 1890 s.44 Open Spaces Act 1906, ss.9 and 10 Local Government (Miscellaneous Provisions) Act 1976, s.19 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 encourage visitors and provide conference and other facilities | Local Government Act 1972, s.144 |
| Traffic calming | Powers to contribute financially to traffic calming schemes | Highways Act 1980, s.274A |
| Transport | Powers in relation to car-sharing schemes, taxi fare concessions and information about transport Powers to make grants for bus services |
Local Government and Rating Act 1997, s.26, 28 and 29 Transport Act 1985, s.106A |
| War memorials | Power to maintain, repair, protect and alter 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 from them | Public Health |