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Council Business
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The legal meaning of the
term "power" is a precise one. It means an activity which
a public body is empowered
(i.e. authorised by statute) to undertake.
The body (in this case, the Community
Council) may have many "powers",
but no funds or other resources and may therefore be unable
to use the powers. More significantly, the body in question
merely has a discretion
to embark on such an activity: it has no legal duty
to do so.
Both Community Councils (the term for Wales, created
by the Local Government Act 1972) and Parish Councils
(the much older term, for England) fall within the broader
term "local council", and they all have
the same statutory powers hence the name of their Association,
the National Association of Local Councils (NALC).
The same is true of "Town Councils": this
is merely a name-differentiation adopted where the local council
itself considers the term "Town" to be the
more appropriate.
Future Welsh legislation may create differences between the Welsh
and English systems, but at present they run strictly in parallel
in terms of council powers. English Parish, and Welsh Community,
Councils have the same powers.
There are 735 Community Councils within Wales. Mumbles Community
Council, with its population of c 17,000 is one of the largest
Welsh local councils. In the following text, the letters "LC"
will be used to mean "Local Council" in this broad sense.
Many LC powers are of long-standing, and reflect the priorities
of earlier generations. They relate to cemeteries, churchyards,
allotments, commons and collective pasture, bridleways, drainage
ditches. There are also more modern powers (particularly with a
public health focus), provision of public open spaces and other
recreational facilities, ditch-cleaning, spring-water/well provision,
litter collection, provision of public baths and wash-houses, also
public conveniences. And a further raft of powers relate to
the performance of traditional "parish" functions, custody
of Parish documents, maintenance of War Memorials, provision of
public clocks, scrutiny of accounts of "parochial" charities.
Other LC powers are, however, of relatively recent
origin, and reflect contemporary priorities, extending to the provision
of:
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Bus-shelters (1953)
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Conference facilities (1972)
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Club facilities (social, athletic, educational) (1976)
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Community transport (1997)
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Cycle parks (1984 power to regulate)
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Finance for tourism promotion (1972)
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Finance for traffic calming (1997)
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School Governors (1986 right to appoint Primary School Governors)
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Street-lighting (1980)
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Traffic-signs, other notices (1984)
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Tree-planting, verge maintenance (1980)
In addition to these powers-to-provide, since 1990 Local Councils
have been entitled to be consulted on all planning
applications relating to their community area, although they have
no executive power to grant or refuse any Application; and since
1980, LC consent has been required for the closing up of a highway.
None of these powers can be used effectively if the Council
does not have the funds to do so. A Council may receive
funds from a number of sources Council Tax recouping
costs-of-production (e.g. charging for local publications)
rent from Council property entry-charges for Council facilities.
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