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Powers


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:

  • Bus-shelters (1953)

  • Conference facilities (1972)

  • Club facilities (social, athletic, educational) (1976)

  • Community transport (1997)

  • Cycle parks (1984 power to regulate)

  • Finance for tourism promotion (1972)

  • Finance for traffic calming (1997)

  • School Governors (1986 right to appoint Primary School Governors)

  • Street-lighting (1980)

  • Traffic-signs, other notices (1984)

  • 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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Email: council@mumbles.gov.uk
Office: Walters Crescent, Mumbles, Swansea SA3 4BB