2012-01-01 2009-10-02 An interpretation of the powers and duties conferred by law on councils and other bodies to deliver services. A 'duty' is something that a council must do. A 'power' gives a council the right to do something. Each power and duty is linked to relevant services and the official publication of associated legislation.<br />Use – Councils can clearly understand which services they must deliver and those that might no longer be a priority. This list also enables Councils via the mappings to find web pages that need changing and identify teams who need re-training following a change in legislation. http://doc.esd.org.uk/PowerAndDutyList.xml http://doc.esd.org.uk/PowerAndDutyList/1.00.xml 1.00 Power to do anything which it considers is likely to achieve any one of more of the following: Provides wide ranging powers to incur expenditure, give financial assistance, enter into aggreements or arrangements, co-operate with or facilitate or co-ordinate the activities of any person, exercise functions on behalf of that person or provide staff, goods or services or accommodation to any person Power to do anything which is calculated to facilitate or is conducive or incidental to the discharge of their duties Does not override other legislation which may restrict this general power and does not apply to the raising of money Best Value Performance Plan Strategy for promoting well-being (community strategy) Must have regard to Secretary of State's guidance. Duty to make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness General duty - commonly called the duty of best value. Now links to CPA regime and requirement to produce Annual Corporate Plan, strategic objectives and priorities. Power to change the name of a county, district or London borough. Power to change the name of a parish. Power to confer title of honorary alderman or to admit to be an honorary freeman. Power to petition for a charter to confer borough status. Local Strategic Partnership Derives from community strategy provisions in LGA 2000 and DETR Guidance. Neighbourhood Development No specific statutory provisions - covered by s8? Neighbourhood Forum Grants The concept of Neighbourhood Forum Grants is a local one. Discretionary grants may be made under a number of statutory powers. Power to make contract rules Power to make standing orders as to contracts. Powers to contract under which assets or services or both are made available in relation to the discharge of the functions of the authority Power to make standing orders Duty to provide resources to a person named by the monitoring officer Powers relating to scrutiny committees (voting rights of co-opted members) Power to provide compensation when there has been maladministration Parish and parish council responsibilities Power to abolish small parish councils Power to make orders for grouping parishes, abolishing groups or separating parishes from groups Power to make payments or provide other benefits in cases of maladministration etc. Power to promote or oppose local or personal bills Appointment of chair of the council Appoint a Local Fisheries Committee Only those with a coastline Determination of political groups Hold an Annual meeting Scheme of delegation of powers to officers Power to pay subscriptions to Local Government Associations Social Services - duty to appoint a social services committee Power to promote or oppose local or personal bills Power to accept gifts Powers to direct as to the custody of council documents Appointment and payment of Coroners Appointment and payment of Magistrates Clerks Community Care Plan Provision of residential accommodation for persons in need of care and attention, and mothers Duty to extent directed by Secretary of State.Authority not required to be direct provider. Removal to suitable premises of persons in need of care and attention Provision of temporary protection for property of persons admitted to hospital Applies where no other suitable arrangements being made Financial assistance etc to voluntary organisations providing welfare services Care of expectant and nursing mothers Duty to extent directed by Secretary of State. Provision for prevention of illness, care and after-care services Duty to extent directed by Secretary of State. Provision of home help and laundry facilities To provide or arrange provision on such scale as is adequate for needs of area. NB laundry – power only Assessment for any provision of community care services Authority must decide what services should be provided. No obligation on Council to take action itself to provide services identified. Assessment of carers Authority must take results of assessment into account in determining level of care service for clients.See Carers and Disabled Children Act (below). Duty on request. Assistance to carers See Carers and Disabled Children Act (below). Supply of services directly to carers Duty to carry out assessment on request. Authority must then decide whether it can and should provide services to meet carer's needs. Direct payments to carers to meet their assessed needs Voucher scheme for short-term breaks Assessment of persons with parental responsibility for disabled children Duty where criteria met. Assessment must be taken into account under s17 Children Act 1989. Provision of direct payments Duty where conditions in Reg 4 of 2003 Regs (SI 2003/762) are met. Payments in respect of delayed discharges from hospital Provision of welfare services to adults with disabilities etc Duty to extent directed by Secretary of State.May discharge function through private/voluntary organisation. (effectively a target duty) Determining needs of disabled persons Provision of welfare services to disabled etc persons If satisfied assistance is necessary there is a duty to meet need within reasonable time. Assessment of needs of mentally disordered patients prior to discharge from hospital Disabled Persons Badge Scheme Visiting etc of patients Duty for specified categories of patient. After-care of patients leaving hospital NHS 1977 requires authorities to provide after-care for generality of patients: s117 imposes duty in respect of individuals. Guardianship under MHA Social Services - duty to maintain a register of mental nursing homes Provision of services to the elderly Duty to extent directed by Secretary of State.Authority not required to be direct provider. Social Services - duty to maintain a register of nursing homes Allotments - duty to provide sufficient allotment gardens to meet the demand n/a to inner London Boroughs Power to improve and adapt land for allotments, and to let grazing rights Concurrent power with parish councils Power to license premises for the breeding of dogs. Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business. Power to register animal trainers and exhibitors. Power to license zoos. Power to license dangerous wild animals. Power to license knackers' yards. Power to issue licences for the movement of pigs. Power to license the sale of pigs. Power to license collecting centres for the movement of pigs. Power to issue a licence to move cattle from a market. Provision of facilities for keeping, storage of animals etc Provision of public sheep dipping facilities Enforcement of Animal Health legislation General duty to enforce, level of enforcement not specified.Secretary of State has default powers. Control and regulation of performing animals Power to appoint staff and to set their terms and conditions (including procedures for dismissing them Chief Education Officer Chief Fire Officer Agricultural Analyst Director of Social Services Public Analyst Food Authority Chief Inspector of Weights and Measures Weights and Measures Authority Chief Financial Officer Must be a qualified accountant Approved Social Workers (MHA) Duty is to appoint sufficient number to discharge functions under MHA. Officer to deal with stray dogs Sufficient inspectors, and provision of standards for Weights and Measures Appointment of inspectors etc for execution and enforcement of Animal Health Act Employment of disabled persons (sheltered employment) Duty to extent directed by Secretary of State. Power to appoint proper officers Duty to designate head of paid service and provide resources Duty to designate monitoring officer and provide resources Cannot be s151 Officer Duty to appoint an electoral registration officer. Duty to appoint returning officer for local government elections Powers relating to provision of public baths, washhouses and bathing huts Concurrent power with parish councils Power to approve premises for the solemnisation of marriages. Duty to maintain the registers of births, marriages and deaths and to keep indices whereby all entries can easily be traced Local scheme will determine numbers and boundaries of Registration District, number of Registrars etc. Duty to administer and enforce Power to acquire and maintain Concurrent power with parish councils Power to provide Concurrent power with parish councils Power to agree to maintain monuments and memorials Concurrent power with parish councils Power to contribute towards expenses of cemeteries Concurrent power with parish councils Powers as to maintenance of closed churchyards Concurrent power with parish councils Duty to record all burials in a register of public burials Duty to register burials according to the rites of the Church of England under the Parochial Registers and Records Measure 1978 Power to maintain, repair, protect and alter war memorials Power to provide and maintain shelters Concurrent power with parish councils Power to make, amend, revoke or re-enact byelaws Power to make bye-laws in regard to pleasure grounds Concurrent power with parish councils Power to make bye-laws in regard to Cycle parks Concurrent power with parish councils Power to make bye-laws in regard to Baths and washhouses Concurrent power with parish councils Power to make bye-laws in regard to Open spaces and burial grounds Concurrent power with parish councils Power to make bye-laws in regard to Mortuaries and post-mortem rooms Concurrent power with parish councils Power to make bye-laws in regard to Public Conveniences Concurrent power with parish councils Children's Services Plan Provision of board and lodging other than at school May require contribution from parent Provision of services for children in need, their families and others General duty to safeguard and promote welfare of children by providing services appropriate to their needs. Charges may be made. Provision of accommodation for children in need Applies where child in need of accommodation where no-one else able to do so, or for older children if welfare would otherwise be prejudiced. Provision of accommodation for other children Where welfare would be safeguarded or promoted. Provision of accommodation for post 16s in community homes Subject to welfare principle Provision of accommodation for children in police protection or detention or on remand Safeguarding and promoting welfare of looked-after children, including educational achievement Provision of accommodation and maintenance for looked after children Provisions of services to children leaving care Duty to keep in touch, appoint personal adviser, prepare pathway plan, maintaining, providing accommodation and support (where required). Provision of services for post 18 year old care leavers Duty to keep in touch, appoint personal adviser, review pathway plan, provide assistance in kind. Provision of advocacy services Duty to make arrangements to facilitate making of representations. Applications to court for Care or Supervision Orders Authority has duty to take reasonable steps to reduce need to bring care proceedings (sched 2) Applications to court for Education Supervision Orders Welfare investigation in private law family proceedings Authority under duty to comply with Court direction(s). Enquiries into welfare of children subject to Emergency Protection Orders etc Duty to make such enquiries as are necessary to decide whether to take action to safeguard or promote welfare. Provision of community homes Duty to secure that adequate provision is available. Securing welfare of children accommodated by voluntary organisations Duty to be satisfied welfare adequately promoted and safeguarded. Includes duty to visit. Securing welfare of privately fostered children Includes duty to give advice. Prohibition of private fostering Relates to specific cases. Appointment of visitors for looked after children Duty where appointment is in child's best interests. Adoption Service Authority must continue to maintain Adoption Service designed to meet needs of children, prospective adopters and adopted persons etc. Provision of Adoption Support Services Duty to carry out assessment on request, and to decide whether to provide support services for individuals. Power to license the employment of children. Provision for clothing Relates to boarders, children with special needs, nursery pupils and those otherwise unable to take full advantage of education. Provision of school meals Budget delegated to schools. Only a duty for those eligible for free lunches. Enforcement of child employment restrictions Identity of children in need in area and publication of information re services Duty to take reasonable steps Register of disabled children Provision for disabled children Duty to provide services designed to minimise effect of disabilities. Provision of services to families Duty to make appropriate provision for children in need living with their families. Provision of Family Centres Duty to provide such family centres as authority considers appropriate. Arrangements for promoting co-operation with Children's Services partners Local Safeguarding Children's Board Duty to make, keep under review and revise plans for its area and to carry out exercises based upon such plans Duty to arrange the training of an appropriate number of officers and such other persons as it considers necessary for the purposes of carrying out its plans or from discharging its other civil defence functions Duty at the request of the designated Minister, to take such steps as may be necessary to ensure that plans can be carried out Duty to supply information to the County Council or to assist the County Council in making or revising plans, on taking preparatory steps, or in carrying ouy those plans and to arrange for an appropriate nuber of suitable members of its staff to discharge its civil defence functions and these available to the County Council n/a to unitaries Duty to comply with any directions from the designated minister Planning and preparation for civil defence (emergency planning) purposes Duty to comply with directions of Minister. Use of civil defence resources for emergencies and disasters But see Civil Contingencies Act 2004 Assessment, planning and advice re emergencies Powers to undertake coast protection works, that is works to prevent erosion and encroachment by the sea, The Environment Agency has powers to prevent flooding under the Water Resources Act 1991 and the Land Drainage Act 1994 Power for parish council to contribute to expense relating to scheme for the regulation and management of a common Powers in relation to providing common pasture Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to - Power to register variation of rights of common. Duty to maintain the Register of Commons Power to borrow money for the purpose of providing a public electronic communications network or public electronic communications service Duty to enforce orders made under s13 of the Animal Health Act 1981 Enforcement of provision of Weights and Measures Act 1985 There is a general duty to enforce, though the level of enforcement activity is not specified. Duty to enforce the provisions of the Trade Descriptions Acts 1968 to 1972 There is a general duty to enforce, though the level of enforcement activity is not specified. Duty to enforce the provisions of the Consumer Credit Act 1974 (jointly with the Director General of Fair Trading) There is a general duty to enforce, though the level of enforcement activity is not specified. Duty to enforce the provisions of Orders made under s22 of the Fair Trading Act 1973 There is a general duty to enforce, though the level of enforcement activity is not specified. Duty to provide standards of weights and measures Duty to enforce the provisions of the Consumer Protection Act 1987 (misleading prices) Duty to enforce the provisions of the Hallmarking Act 1973 Duty to enforce the provisions of the Consumer Protection Act 1987 (unsafe goods) Consumer protection - Weights and Measures - duty to enforce the provisions of Construction Product Regulations 1991 Duty to enforce the provisions of the Recreational Craft Regulation 1996 Provision of country parks etc Power to make limestone pavement order. Provision of accommodation, meals and refreshments on long distance routes Prevention of misleading notices on public paths Access Orders and Agreements Duty to prepare and keep up to date map of land subject to public access. Signposting of footpaths and bridleways There is a duty to signpost or mark ways where they leave roads. Maintenance and continuous review of Definitive Map and Statements of PROW Appointment of wardens for PROW Byelaws for Access Land Wardening and signing of Access Land Access to Access Land Power to enter into agreements, carry out works etc for access to Access Land. Rights of way improvement plan Also duty to review at intervals of not more that 10 years. Establishment of local Access Forum Power to enforce byelaws made by another authority Power to make an order identifying a place as a public place for the purposes of police powers to deal with street drinking Crime and Disorder Reduction Strategy Youth Justice Plan Powers to install and maintain equipment and establish and maintain a scheme for detection or prevention of crime Concurrent power with parish councils Promotion of economic development of the area Includes powers to make grants and loans, guarantees and to provide other assistance. Making arrangements for consideration/determination of complaints Limited to certain functions. Educational research Educational conference Making arrangements re School Admissions, including appeals Establishment of Admissions Forum Conformity with Education (School Premises) Regs Duty of LEA to comply is absolute. Preparation and implementation of accessibility strategy for schools Education - to determine and keep under review policies on the secular curriculum Education - duty to ensure that every school curriculum is balanced and broadly based Education - duty to ensure that statutory requirements regarding collective worship and religious education are adhered to Annual review of child care provision and establishment/maintenance of information service Authority must have regard to any S of S Guidance. Provision of care outside school hours or in holidays Charges may be made. Duty (children in need)Power (others). Provision of information, advice and training re child minding and day care Subject to regulations. Charging for education outside school hours Limited power - Charge can be made for musical tuition or education outside school hours not required in syllabus or National Curriculum. Charging for optional extras Limited Power - Gives power for schools to charge for optional extras. Charges for board and lodging at Boarding Schools Local authority must remit charges in cases of hardship. Requesting voluntary contributions No obligation on parent to pay and child cannot be treated differently. Assisting with travel arrangements for children receiving nursery education otherwise than at school Parents can be required to contribute with cost of transport. Provision of meals at non-maintained schools By agreement with proprietor. Cost to authority must not be more than for provision for pupils at maintained schools. Payment of fees at non-maintained schools Applies to arrangements for children with SEN. Payment of school expenses; grant of scholarship Subject to Regulations. Payment of allowances to Governors Maintenance and funding of schools Preparation of Financial Scheme for School Assistance with travel arrangements for children receiving nursery education Parent can be required to contribute to cost. Contribution to cost of accommodation etc of child subject to residential order Payment of travelling expenses etc to parents of looked after children Securing provision for education of 16-18 year olds In exercising functions must have regard to needs of those with learning difficulties. Securing provision for education of persons over 19 In exercising functions must have regard to needs of those with learning difficulties. Arrangements for encouraging and assisting pupils in provision of medical/dental inspection and treatments Applies unless parent objects. Functions to be exercised with view to safeguarding and promoting welfare of children Authority must have regard to S of S's Guidance. Early Years Development Plan Securing sufficiency of nursery education Authority must have regard to any S of S Guidance. Establishment of Early Years Development and Child Care Partnership Authority must have regard to any S of S Guidance. Preparation of Early Years Development and Child Care Plan Form and content to have regard to S of S Guidance. Education Development Plan Securing efficient primary and secondary education Duty is to secure availability of efficient education to meet needs of population. Also duty to promote high standards. Securing sufficient schools available Schools must be sufficient in number, character and equipment to provide opportunity of appropriate education. Duty for children of compulsory school age. Provision of/assistance to schools Provision of education at non-maintained schools (fee paying) Education "otherwise" Duty owed to each individual child not receiving suitable education by reason of illness, exclusion or otherwise. Enforcement of school attendance including the taking of certain actions if it appears that a child is not being properly educated (Qualified duty to require parent to satisfy authority child receiving suitable education. Provision of youth service Authority must secure facilities for primary and secondary education include adequate facilities for recreation and social and physical training. Qualified DutyPower under 1976 Act. School Organisation Committee Preparation of School Organisation Plan Establishment of Schools Forum Maintenance of discipline in schools Reserve power to intervene to prevent breakdown in discipline. Duty to contribute towards the spiritual, moral, mental and physical development of the community be securing that efficient education for primary, secondary and further education stages, shall be available to meet the needs of the population of their area Duty to ensure that schools are adequately governed Duty to require the governing body of a school to consider the authority's policy statement and their own secular aims and to make and mainatain their own statement Duty to educate children with SEN in mainstream schools Duty for children without statements. Qualified Duty for statemented children. (qualified) Duty. Provision of goods and services in connection with special needs Authority may make charges. Arranging for statemented children to attend institution outside England and Wales Authority may contribute or pay for fees, expenses, travelling costs. Identifying children with SEN Basic duty to identify children with special educational needs. Assessment of educational needs Duty where authority consider child may have SEN of such kind it is necessary to determine special educational provisions for that child. Preparing and maintaining Statement of Need Duty, if in light of assessment, necessary to determine special educational provision. Arranging special educational provision and non-educational provision under statement Applies unless parent has made suitable arrangements. Duty – educational provision, Power – non-educational. Assessment of educational needs of children under 2 Authority must be of opinion child has, or probably has, SEN requiring special educational provision. Duty if requested by parent. Advice/information to parents on special needs Must have regard to SoS's guidance. Dispute resolution arrangements for SEN Must have regard to SoS's guidance. Provision of teaching services for day nurseries Preparation of Behavioural Difficulties Plan Provision of inspection services Service must be operated so as to secure full recovery of costs. Preparation of education development plan Intervention in "failing" schools Includes power to suspend delegated budget in specified circumstances. Action re Schools in Special Measures or requiring significant improvement Authority must prepare statement and take measures or say why they don't propose to do so. Inspection of schools for specific purposes Setting of educational performance targets If required by Regulations. Provision of school transport Duty is to make such arrangements as authority consider necessary or S of S directs. (See separate note). Provision of transport for 6th formers Duty to prepare and publish transport policy statement. (See separate note). Duty to declare vacancy in office in certain cases. Duty to divide constituency into polling districts Duty to divide electoral divisions into polling districts Duty to give public notice of a casual vacancy. Duty to help in European parliamentary elections Functions in relation to parishes and parish councils. Giving notice of a casual vacancy Power to assign officers in relation to requisitions of the registration officer. Power to declare council seats empty Power to dissolve small parish councils. Power to fill empty seats on parish councils when there are not enough nominations Power to make orders for grouping parishes, dissolving groups and separating parishes from groups. Power to make proposals for pilot schemes for local elections Power to make temporary appointments to parish councils Power to pay electoral registration officer's expenses Power to set fees and conditions for receiving elections documents Power to submit proposals to the Secretary of State for an order under section 10 of the Representation of the People Act 2000. Powers in respect of holding of elections. Powers to do with holding elections Electoral procedures Preparation of register of electors Provision of entertainment and support of the arts Concurrent power with parish councils Duty to enforce the Public Health (Control of Diseases) Act 1984 Duty to inspect its area from time to time for the purpose of identifying contaminated land Duty to determine whether any contaminated land should be designated a Special site and if so, to take action Power to issue a closing order to a takeaway food shop Power to approve meat product premises. Power to approve premises for the production of minced meat or meat preparations. Power to approve dairy establishments. Power to approve egg product establishments. Power to issue licences to retail butchers' shops carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready-to-eat foods. Power to approve fish products premises. Power to approve dispatch or purification centres. Power to register fishing vessels on board which shrimps or molluscs are cooked. Power to approve factory vessels and fishery product establishments. Power to register auction and wholesale markets. Duty to keep register of food business premises. Power to register food business premises. Duty to enforce and execute the provisions of the Food Safety Act 1990 Duty to determine applications for entry onto and to maintain a register of food premises and to make this available for public inspection Duty to maintain a register of dairy premises Duty to determine applications for entry onto and to maintain a register of knackers yard premises Duty to enforce Part II of the Welfare of Animals (Slaughter or Killing) Regulations 1995 Duty to deal with noise Duty to maintain the register of Common Lodging Houses and administer registration Duty to cause inspections to be made of its area to determine the existence of statutory nuisances and to take steps to see that they are abated Duty to administer authorisations for prescribed processes Duty to determine applications for entry onto and to maintain a register of persons authorised to sell Part II poisons Duty to keep a register of shops upon whom notices have been served in relation to Sunday trading Power to issue fire certificates. Fire and Rescue Service Promotion of fire safety Includes giving of information and advice to extent it considers reasonable. Provision of fire fighting Includes power to discharge functions in ss6-11 through another authority or body.Duty to secure adequate water supply. Provision of rescue etc in road traffic accidents Response to other eventualities Provision of other services by F&R Service Includes power to charge Investigation of fires Issue of fire certificates and enforcement of FP legislation Functions relating to sea fisheries. Functions under any of the relevant statutory provisions within the meaning of Part I of the Health and Safety at Work etc. Securing Health and Safety of employees and others So far as reasonably practicable. Issue of safety certificates for large sports grounds Duty to determine applications for safety certificates, enforce Act and Regulations and review annually. Issue of safety certificates for stands at sports grounds Duty to administer the system of grant aid for dwellinghouses Duty to discover overcrowding and submit proposals to the Secretary of State for its abatement Duty to annually consider housing conditions in their district to determine what action to take under houses in multiple occupation There is no duty to act on this report Duty to review rents periodically Duty to provide written statement of terms of tenancy to a tenant Duty to provide information about repairing obligations Duty to report annually to tenants on performance Duty to consult with tenants on matters of housing management (other than rents and other charges) Right to Buy - Duty to dispose of a dwelling to a qualifying tenant Housing Finance - maintain a Housing Revenue Account Duty to consider housing conditions Duty to consider the need for the provision of further housing Duty to maintain a register of qualifying persons (the Housing register) Duty to publish a summary of the rules relating to allocations, transfers and exchanges Duty to provide alternative accommodation to persons displaced by public action Duty to secure accommodation for a qualifying homeless person (as defined) or to provide advise and assistance where suitable accommodation is available within the the district to provide residential accommodation for persons who by reason of age, infirmity or any other circumstance are in need of care and attention not otherwise available to them Includes children Support to Asylum Seekers In accordance with arrangements made by Secretary of State. Provision of information to the public Research and collection of information re the area Provision and publication of information about services Archives Service Power to acquire or accept deposit of records Archives Service Duty to make proper arrangements for county documents. Gathering and publication of information re disabled persons and services Power to acquire land and maintain for public open space Concurrent power with parish councils Power to provide buildings for public meetings and assemblies Acquisition of land - for planning purposes, development or redevelopment Concurrent power exercisable by both Districts and Counties Acquisition and Disposal of land - for the purposes of its functions under any enactment, for the benefits, improvement or development of its area whether immediately required or not Compulsory Purchase - various powers under general, housing, planning and highways powers Power to acquire by agreement, to appropriate, to dispose of Power to accept gifts of land Power to appropriate land acquired for one function to the use of another function Power to provide public clocks Power to provide and equip buildings for use of clubs having athletic, social or recreational objectives Concurrent power with parish councils Power to dispose of land Annual Library Plan Duty to provide a comprehensive and efficient service Duty to lend books and other materials to those who live or work in their areas or whom study in their area full time Duty to furnish the Secretary of State with such facilities, and information as he may reasonably require for the inspection of library premises, stocks and records Duty to arrange proper financial administration Duty to approve council's statement of accounts, income and spending and balance sheet, or record of payments and receipts Duty to approve authority's statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be). Duty to maintain a General Fund and Collection Fund Duty to make payments to precepting bodies from the Collection Fund Duty to transfer to the General Fund of the Council tax amount Duty to maintain the County fund Duty to keep accounts of receipts to and payments out of Funds Duty to maintain Revenue Accounts in respect of rate funds Duty to set a Council tax Duty to proper arrangements for administration of financial affairs Duty to set sums aside to meet credit liabilities Duty to have proper practices in regard to revenue accounts and capital expenditure Duty to consult representatives of non-domestic rate payers in regard to their expenditure Duty to serve a demand notice for Council tax and non-domestic rates Duty to publish a notice of Council Tax and Non Domestic Rates amounts Duty to administer the housing and council tax benefits schemes for certain low income occupiers Power to charge for services rendered, documents issued or other things done for which thre is no existing power to charge Limited to certain matters defined by regulation Power to charge for discretionary services Does not apply to services which an authority is under a duty to provide Power to do for a commercial purpose anything they are authorised to do for the purpose of carrying on their 'ordinary functions' Defined as functions which are not under a trading power Power to participate in schemes of collective investment Duty to maintain the Register of Local Land Charges and to keep an index whereby all entries can easily be traced Power to issue licences authorising the use of land as a caravan site (site licences). Power to license the use of moveable dwellings and camping sites. Power to license hackney carriages Power to licence private hire vehicles Power to license drivers of hackney carriages and private hire vehicles. Power to license operators of hackney carriages and private hire vehicles. Power to register pool promoters. Power to grant track betting licences. Power to license inter-track betting schemes. Power to grant permits in respect of premises with amusement machines. Power to register societies wishing to promote lotteries. Power to licence premises and operators of massage and special treatments Power to issue cinema and cinema club licences. Power to issue theatre licences. Power to issue entertainments licences. Power to license sex shops and sex cinemas. Power to license performances of hypnotism. Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis. Power to license pleasure boats and pleasure vessels. Power to register door staff. Power to license market and street trading. Power to license night cafes and take-away food shops. Duty to keep list of persons entitled to sell non-medicinal poisons. Power to license dealers in game and the killing and selling of game. Power of register and license premises for the preparation of food. Power to license scrap yards. Power to license persons to collect for charitable and other causes. Power to grant consent for the operation of a loudspeaker. Power to license agencies for the supply of nurses. Power to sanction use of parts of buildings for storage of celluloid. Duty to (a) determine its policy with respect to the exercise of its licensing functions, and (b) publish a statement of that policy (a 'licensing statement') before the beginning of the period. Duty to establish a Licensing Committee Duty to keep a register containing a record of each premises licence, club premises certificate and personal licence issued by it, Duty to determine applications for premises licences Duty to determine applications for club premises certificates Duty to acknowledge receipt of a temporary event notice Duty to determine an application for a personal licence Powers to promote Concurrent power exercisable by both Districts and Counties Regulation of markets, fairs and trading at such events Powers to provide mortuaries and post mortem rooms Concurrent power with parish councils Power to provide museums and galleries Concurrent with Districts. Functions relating to local government pensions, etc. Functions as respects persons employed as members of fire brigades maintained pursuant to section 4 of the Fire Services Act 1947. Power to grant consent for the display of advertisements. Duty to administer and enforce the Town and Country Planning (Control of Advertisements) Regulations 1992 Duty to purchase interests adversely affected by proposals in Structure Plan or Local Development Framework (Blight) Duty to pay compensation for revocation or modification of planning permission Duty to have regard to the desirability of preserving or enhancing the character or appearance of such an area when exercising planning control functions Power to determine application for planning permission. Power to determine applications to develop land without compliance with conditions previously attached. Power to grant planning permission for development already carried out. Power to decline to determine application for planning permission. Duties relating to the making of determinations of planning applications. Power to determine application for planning permission made by a local authority, alone or jointly with another person. Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights. Power to enter into agreement regulating development or use of land. Power to issue a certificate of existing or proposed lawful use or development. Power to serve a completion notice. Power to authorise entry onto land. Power to require the discontinuance of a use of land. Power to serve a planning contravention notice, breach of condition notice or stop notice. Power to issue an enforcement notice. Power to apply for an injunction restraining a breach of planning control. Power to determine applications for hazardous substances consent, and related powers. Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject. Power to require proper maintenance of land. Power to determine application for listed building consent, and related powers. Power to determine applications for conservation area consent. Duties relating to applications for listed building consent and conservation area consent. Power to serve a building preservation notice, and related powers. Power to issue enforcement notice in relation to demolition of unlisted building in conservation area. Powers to acquire a listed building in need of repair and to serve a repairs notice. Power to apply for an injunction in relation to a listed building. Power to execute urgent works. Duty to determine applications for planning permission and to do so with reagrd to policy eg the LDF and Structure Plan Except for County Matters eg mines, minerals, prospecting, disposal, cement manufacturing Duty to maintain a register of applications and decisions Duty to publicise planning applications Planning - Development - duty to consult with the County Council before determining any application which may affect the implementation of the structure plan n/a in unitary areas Duty to determine applications for a certificate of lawfulness of existing use or development Duty to determine applications for hazardous substance consent Determination of Development County 'county matters' Enforcement of planning control Pre application planning advice Plans and alterations which together comprise the Development Plan Advice re Regional Spatial Strategy Preparation and review of structure plans Alteration/replacement of structure plans Subject to discretion of Secretary of State Duty to make, keep under review and from time to time amend the Local Development Framework Duty to determine applications for listed building consent and to do so with reagrd to policy Duty to maintain a register of applications for consent and decisions Duty to publicise listed building applications Duty to notify with the Historic Buildings and Monuments Commission before determining an application in certain circumstances Acquisition/management of buildings of special architectural or historic interest Includes the keeping of Historic Environment Records (HERs) Functions of Mineral and Planning Authority Preparation of Minerals/Waste Development Scheme Powers to protect important hedgerows Powers relating to the preservation of trees. Powers relating to the protection of important hedgerows. Duty to determine applications for Tree Preservation Order consent Duty to consider hedgerow removal notices Duty to administer and enforce the Clean Air Act 1993 Duty to review the quality and likely future quality of air in its area and to identify areas where targets are not being achieved Duty to designate Air Management Areas where necessary Duty, in an Air Management Area, to make an air quality assessment, report on its results and prepare an action plan for its objectives in the designated area Duty to ensure, as far as reasonably practicable, that precribed types of land are kept clear includes public open spaces, highways maintainable at the public expense, crown land and other prescribed areas Duty to maintain a public register of litter control area designation notices and street litter control notices Duty to consult other litter authorities within the County about steps to be taken to abate litter in the county and to maintain a statement of the agreed steps to be taken Keeping highway and other land clean and clear of litter and refuse Duty so far as is practicable, (having regard to character and use of land and highway). Provision of litter bins Concurrent power with parish councils Powers relating to provision of public conveniences Concurrent power with parish councils Duty to arrange for the collection of household waste in its area Duty to arrange for the collection of commercial waste where requested to do so by an occupier Duty to make appropriate arrangements to empty, without charge, privies and cesspools Duty to deliver for disposal all waste collected to such place as the waste disposal authority directs Duty to arrange for the disposal of controlled waste collected in its area The functions of the waste disposal authority are limited to the provision of land, plant and equipment Duty to arrange for the provision of places at which residents in its area may deposit their household waste and for the disposal of waste so deposited Waste Disposal Duty to arrange for disposal of waste collected by collection authorities. Provision of 'Civic Amenity' sites for household waste Must be free to residents. Recycling of waste In practice this is being converted into a duty. Dealing with fly-tipping of controlled waste Power to acquire land for or to provide public walks, pleasure grounds and open spaces and to manage and control them Concurrent power with parish councils Power to provide gymnasiums, playing fields, holiday camps Concurrent power with parish councils Provision of boating pools Concurrent power with parish councils Duty to provide facilities for recreation and physical training Applies to LEAs Provision of recreational facilities and financial assistance to providers Provision of swimming baths and recreation facilities Concurrent powers Provision of smallholdings Secretary of State may issue directions.Act requires Council to aim to provide opportunities for persons to farm on their own account. Power to encourage visitors and provide conference and other facilities Concurrent power with parish councils Power to light roads and public places Provision of highway lighting Authority not liable for accidents arising from failure to light.NB Districts/Parishes are lighting authorities to whom these functions may be delegated by agreement. Power to permit deposit of builder's skip on highway. Power supply in part of highway. Power supply on footpaths or bridleways. Power to permit a temporary obstruction of the highway. Power to consent to temporary deposits or excavations in streets. Power to dispense with obligation to erect hoarding or fence. Power supply over highways. Power supply under street. Power supply under streets, and pavement lights and ventilators. Power to create footpaths and bridleways. Power to stop up footpaths and bridleways. Power to divert footpaths and bridleways. Duty to assert and protect the rights of the public to use and enjoyment of highways. Powers relating to the removal of things so deposited on highways as to be a nuisance. Duty to keep a definitive map and statement under review. Duty to reclassify roads used as public paths. Power to grant a street works licence. Power to maintain footpaths and bridle-ways Power to enter into agreement as to dedication and widening Concurrent power with parish councils 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 Concurrent power with parish councils Power to plant trees and lay out grass verges etc. and to maintain them Powers to contribute financially to traffic calming schemes Concurrent power with parish councils Maintenance of the definitive maps and statements of rights of way Duty to maintain and keep in good repair (excludes trunk roads which are the responsibility of the Secretary of State) (includes bridges and level crossings) Duty to sign post public paths, bridleways and byways wherever they leave a metalled road District Councils may claim maintenance powers for footpaths Construction of new highway Creation of footpaths/bridleways Making up new footpaths and bridleways to fit condition May recover cost from order making authority Creation of walkways by agreement Byelaws for walkways Maintenance of highways Includes repair. Duty to keep fit and safe “for ordinary traffic”, and will change as traffic expands or changes. Enforceable by Court Order. Winter maintenance Specific duty to ensure, so far as is reasonably practicable, that safe passage not endangered by snow and ice. Defraying costs of Parish Councils in maintaining footpaths and bridleways Parish Council power to maintain does not affect County Council's duty. Stopping up unnecessary highways Power is to apply to Magistrates for Order. Default powers for privately maintained Highways May recover expenses from person liable to maintain. Recovery of expenses due to extraordinary traffic Improvement of highways Authority may be liable for failure to exercise discretionary powers to eg alleviate a known danger. Provision of footways and guard-rails etc Duty to provide footway if necessary or desirable for public safety. Drainage of highways Authority may be liable for flooding to land adjoining highway, depending upon cause. Provision of posts to indicate depth of flood water Duty in respect of roads liable to flooding to considerable depth if considered necessary. Duty(qualified). Provision of public conveniences for users of roads Provision of HGV parking areas Provision of services and amenities, recreation and refreshment facilities Concurrent with District Councils Stopping up or diversion of highways Authority may recover costs when making applications/orders at request of others. Assertion and protection of public right to use and enjoyment of highway Duty to prevent unlawful stopping up, obstruction or encroachment.Enforcement by Notice and Court Order. Prevention of unlawful interference etc with the highway Part IX contains a range of powers in support of the authority's general duty to assert and protect public use etc. Removal of snow, soil etc causing obstruction Enforceable by complaint to Magistrates Court. Regard to needs of disabled and blind in executing highways works Provision of refuse and storage bins in streets Districts have some concurrent powers. Making-up and adoption of private streets Duty where payment made under Advance Payment Code. Advance payments code Duty to serve notice on developer on notification by District Council. Breach likely to be maladministration. Adoption of private street following streetworks Duty if required by majority of frontagers. Urgent repairs to private streets Contribution to cost of streetworks in private street Contribution to expenses of other authorities in highways functions Limited power for specific functions Carrying out of work to mitigate adverse effect of road improvement Granting of streetworks licences and enforcement of streetworks regime Maintenance of Streetworks Register May be contracted out. Co-ordination of execution of streetworks Duty to use best endeavours to co-ordinate execution of works. Removal of unauthorised campers from land Gating Orders Power to grant permission to create a vehicular access crossing. This allows them to gain access for a vehicle from the road to their property. Provision and control of off street parking places Duty to exercise functions to secure the expeditious, convenient and safe movement of vehicular and other traffic and provision of adequate parking (s122). Powers to provide parking places for bicycles and motor-cycles, and other vehicles Concurrent power with parish councils Provision and control of on street parking places Duty to exercise functions to secure the expeditious, convenient and safe movement of vehicular and other traffic and provision of adequate parking (s122). Powers in relation to car-sharing schemes, taxi fare concessions and information about transport Powers to make grants for bus services Power to grant minibus permits to voluntary/community groups Duty to formulate general policies with respect to the description of of public passenger services Duty to secure passenger transport services in accordance with its policies Duty to consult on transport proposals Duty to publish a statement of its policies Duty to ensure the provision of public passenger transport services for Greater London Duty to secure the provision of public passenger transport services As Council considers appropriate to meet public transport requirements. Provision of bus shelters Provision of parking places as bus or coach station Duty to prepare and review of Local Transport Plans Duty to develop policies to promote/encourage safe, integrated, efficient and economic transport and to implement policies. Duty to prepare a bus strategy Part of LTP. Provision of Schools Crossing Patrols Power to provide traffic signs and other objects or devices warning of danger Duty to make reports assessing the levels of road traffic and forecasting their growth Making of Traffic Regulation Orders Duty to exercise functions to secure the expeditious, convenient and safe movement of vehicular and other traffic and provision of adequate parking (s122). Preparation of report/target setting re levels of road traffic Road user charging schemes Management of road network (and appointment of traffic manager) Permit schemes for specified works Power to deal with ponds and ditches Concurrent power with parish councils Power to utilise well, spring or stream and to provide facilities for obtaining water from them Concurrent power with parish councils Duty to take all such steps as it considers appropriate to keep itself informed about the wholesomeness and suffiency of both public an dprivate water supplies that are made to premises in its area Duty to enter into arrangements with a water undertake for receipt of notice of any problem with the water suppy that could could give rise to a risk to health Duty to notify the water undertake of anything which suggests that the supply of water has become unwholesome or insufficient for domestic purposes Maintaining flow of watercourses Concurrent powers Disabled Facilities Grants service - duty to provide grats to qualifying eprsons Power to apply for a parenting order to help address children's behaviour in school Power to request an Action Plan Order to prevent re-offending by ensuring that the young person complies with the requirements of a plan Power to request a reparation order Power to provide travel concessions Duty to remove a vehicle which is abandoned in their area, on any land in the open air, or on any other land forming part of a highway. Power to register and license persons wishing to store explosives and sell fireworks Power to issue a notice to control pollution ( noise and air quality) on a construction site Duty for ensuring that their districts are kept, as far as is practicable, free of rodents. Duty to undertake street naming and numbering for thecouncil's area. Powers to govern how householders store and dispose of their waste Power to specify how people should separate their waste, which bin it should be placed in and on which day it will be collected Power to provide pedestrian crossings (inc. school crossings) Duty to collect and detain stray animals (mainly dogs) Power to issue fixed penalty notices for removal of graffiti or flyposting Power to issue graffiti removal notice A child taking part in a performance, which can include TV or filming, theatre, sporting activities or modeling, will require chaperoning. Powerto grant licences/concents for any display or temporary construction that may project onto or over the highway Duty to maintain educational and curriculum records for every pupil Responsibility for fixing dates of terms and holidays and times of sessions A local authority or a parish council may, and if required by the Minister shall, provide: Power to order removal or exhumation of a dead body Duty to publish minutes, agendas and reports etc Provisions as to members voting rights and declarations of interest etc Power to provides goods and services in certain circumstances Duty to reduce the causes of congestion and disruption on the road network, by co-ordinating and managing road and street works effectively, the management of incidents, event planning, the control of parking and the network as a whole Duty to secure expeditious movement of traffic on road network and to facilitate movement elsewhere. Power to provide driver training Powers with regard to regulating abnormal loads on the highway Duty to enforce the provisions of the Food Labelling Regulations 2006 Duty to hold Citizenship Ceremonies Power to provide grant assistance to registered social landlords for the provision of social housing (the Social Housing Grant) Duty to implement a Common Assessment Framework - the CAF is a generic assessment for children with additional needs, which can be used by practitioners across all children's services in all local areas in England. Duty to provide environmental information Licensing of houses in multiple occupation Register of businesses who employ persons in shop or office premises Duty to refer rents to the Rent Officer to assess whether a rent for which housing benefit is claimed is a fair rent Duty to enforce prohibition on smoking in enclosed public places Power to issue fixed penalty notices for littering Duty to submit a draft Local Area Agreement to the Secretary of State Duty to have regard to every local improvement target specified in the local area agreement Duty to publish information about a local area agreement Duty to prepare a joint strategic needs assessment with partner PCTs Duty to promote and support the involvement of people in the commissioning, provision and scrutiny of local care services whether, and how, local care services could be improved and whether, and how, local care services ought to be improved. Power to close schools and associated procedures Power to set fares for private hire and hackney carriage vehicles