DUTIES:

Local councils can only do what legislation requires or permits them to do. A council acting beyond its powers will be acting ‘ultra vires’ and could be challenged in the courts. 

There are a limited number of statutory functions and duties that a local council must discharge. These include:

  • holding an annual meeting, and at least three other meetings per year

  • appointing someone responsible for the administration of its financial affairs

  • preparing yearly accounts.

 Under s.27, Localism Act 2011,  councils are required to promote and maintain high standards of conduct by their members. In doing so, they must adopt a code of conduct.

There are specific duties on local councils when exercising their functions to:

  • have due regard to the likely effect on (and the need to prevent) crime, disorder, the misuse of drugs, alcohol etc., re-offending and serious violence in its area

  • have regard to the conservation of biodiversity.

 

There are other statutory duties that local councils are subject to:

  • Freedom of Information Act 2000 - must make certain information available to the public and to those who request it

  • compliance with the Data Protection Act 2018 (and UK GDPR)

  • local councils are public authorities for the purpose of the Human Rights Act 1998.

  • Equality Act 2010 - must have due regard to the need to eliminate discrimination and harassment, victimisation and to advance equality of opportunity in the exercise of its functions.

POWERS

Councils have a range of discretionary powers which enable it to act or spend money in different ways to benefit their area, for example the provision of recreational or sports facilities, entertainment, allotments and cemeteries.

Many of the powers are specified in legislation, such as the Local Government (Miscellaneous Provisions) Act 1976. A list of the main statutory powers is available here - SALC Powers Reference Guide.pdf

Section 137, Local Government Act 1972, allows councils to spend on things that are not covered by a statutory power. To do so, a council must consider the expenditure will directly benefit the area, or a section of its inhabitants, and that benefit must be ‘commensurate’ (in proportion) to the expenditure.  

As an example, many councils donate to local societies and charities using s.137. It must not be used when a statutory power exists, or to benefit an individual.

The total spend under this section in each financial year is limited.  This is calculated by multiplying the ‘appropriate amount’ (announced by Government early each year) by the number of electors for the parish as of 1st April. Expenditure under s.137 must be clearly distinguished in their accounts.

 

The annual meeting of the Parish Council was held on 19 April 2024 . The Chair and Vice Chair were duly elected at this meeting and other roles appointed. The Proper Officer to the Council confirms that the appointments detailed on the document Councillors Responsibilities, are up to date. 

Become a councillor: https://beacouncillor.co.uk/

REGISTER OF INTERESTS:

All Councillors have registered their pecuniary and non-pecuniary interests with Mid Suffolk District Council and these are published on Mid Suffolk District Council's website. To  view a copy of the Councillors' Register of Interests please use the link below to be redirected to the relevant pages.

Palgrave Parish Councillors' Registers of Interests