Acts of Law

The below laws may or may not be used or enforced by the Town Council, or may or may not apply to our particular parish. Laws are updated and changed, so this list may have older legislation in place. 

Function

Powers & Duties

Statutory Provisions

Allotments

Duty to provide allotments.

Small Holding & Allotments Act 1908, ss. 23, 26, and 42

Power to improve and adapt land for allotments, and to let grazing rights

Baths and washhouses

Power to provide public baths and washhouses

Public Health Act 1936, ss. 221, 222, 223 and 227

Burial grounds and, cemeteries, 

including our memorial gardens 

Power to acquire and maintain monuments and memorials

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 Provision) Act 1953, s. 4

Bylaws

Power to make by-laws in regard to pleasure grounds

Public Health Act 1875, s. 164

Cycle parks

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

Baths and washhouses

Public Health Act 1936, s.223

Open spaces and burial grounds

Open Spaces Act 1906, s.15

Mortuaries and post-mortem rooms

Public Health Act 1936, s.198

Local Bylaws

Local Bylaws made for use by South Woodham Ferrers Town Council. Copies are available on request.

 

 

Bylaws for the regulations of dogs 1994

Recreation Ground Bylaw 1956

Fen Bylaws 1971(SWF)

Clocks

Power to provide public clocks

Parish Councils Act 1957, s.2

Closed churchyards

Powers as to maintenance

Local Government Act 1972, s.215

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

Power to contribute to police services e.g. PCSOs

Police Act 1996, s.92

Duty on Parish Councils to consider crime reduction in every policy and action

s17 Crime and Disorder Act 1998 (as amended)

Drainage

Power to deal with ponds and ditches

Public Health Act 1936, s.260

Dogs

Power to make a Dog Control Order

Cleaner Neighbourhoods and Environment Act 2005

Power to take enforcement action against those who commit an offence against a Dog Control Order

Entertainment and the arts

Provision of entertainment and support of the arts

Local Government Act 1972, s.145

Flyposting and Graffiti

Power to take enforcement action against those that flypost or graffiti

Cleaner Neighbourhoods and Environment Act 2005

Gifts

Power to accept

Local Government Act 1972, s.139

Highways

Power to maintain footpaths and bridleways

Highways Act 1980, ss.43,50

Power to light roads and public places

Parish Councils Act 1957, s.3;

Provision of litter bins

Highways Act 1980, s.301

Powers to provide parking places for bicycles and motorcycles, and other vehicles

Power to enter into agreement as to dedication and widening

Litter Act 1983, ss.5,6

Power to provide roadside seats and shelters

Road Traffic Regulation Act 1984, ss.57,63

Highways Act 1980, ss.30,72

Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway

Parish Councils Act 1957, s.1

Power to complain to highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside wastes

Highways Act 1980, ss.47,116

Power to provide traffic signs and other objects or devices warning of danger

Highways Act 1980, s.130

 

Power to tidy or cut grass on land for which the owner cannot be established

Essex Act 1987 Section IX no 47

Power to plant trees and lay out grass verges etc. and to maintain them

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

Local Government Act 1972, ss.124, 126, 127

Power to accept gifts of land

Local Government Act 1972, s.139

Litter

Provision of receptacles

Litter Act 1983, ss.5,6

Power to take enforcement action against those that litter

Cleaner Neighbourhoods and Environment Act 2005

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

Telecommunications facilities

Power to pay public telecommunications operators any loss sustained providing telecommunication facilities

Telecommunications Act 1984, s.97

Public buildings and village hall

Power to provide buildings for public meetings and assemblies

Local Government Act 1972, s.133

Public conveniences

Power to provide

Public Health Act 1936, s.87

Sustainable communities

Able to be represented on a panel of representatives to be consulted on proposals that would contribute to sustainable communities

Sustainable Communities Act 2007

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

Local Government and Rating Act 1997, s.26, 28 and 29

Powers to make grants for bus services

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 Act 1936, s.125

Well-Being

Power to well-being of the area (for eligible councils)

s2 and 4 of the Local Government Act 2000 (as amended by Part 4 of the Local Government and Public Involvement in Health Act 2007)