About the Council

 

The Council

The council takes on responsibility for many aspects of village life, but our powers are limited by statute, and we can only act within the realms of the Local Government Act and other Statutory Instruments. The duties and responsibilities of Town and Parish Councils are complicated and although a number of powers are available to local councils, powers are discretionary and councils are under no obligation to use them. Brief details of your council’s work can be found below.

Main Roles and Responsibilities

The Parish Council’s main roles are to ensure that the delivery of services to meet local needs is maintained (and ideally enhanced) and that the quality of life in the community and the environment of the Parish are improved. While the Council performs a limited range of tasks at its own hand, these two main roles are exercised principally through advocacy with a number of local and regional organisations. To operate effectively, the Parish Council requires a small annual income and this is obtainable through an annual levy on each household known as the ‘Precept’.

Details of other Parish Council Powers and Duties

The Parish Council exists solely to represent the interests of the whole Flixborough community. The current Council is non-party political and is made up of Parish Councillors who are local residents.

Parish Councillors serve a four year term. People on the electoral role can be co-opted on to the Parish Council if there are insufficient candidates at an election for all the seats to be filled or if a vacancy occurs during a four-year term. The Parish Council has signed up to the North Lincolnshire Councils’ Code Of Conduct, all Parish Councillors sign up to it by default.

Listening to everyone’s concerns, needs and aspirations and having effective communication, within and beyond the Parish, goes to the heart of the Parish Council’s work. If we can get this right, we shall be well placed to represent Flixborough effectively in discussions and negotiations with other organisations, for example our MP, other service providers and neighbouring Parish Councils. The Parish Council, therefore, very much welcomes questions, opinions or concerns from parishioners and values their presence at its monthly Parish Council meetings.

Governance & Procedures

Parish Councils were established as the first tier of local government in 1894 to take over local oversight of civic duties in rural towns and villages. Flixborough Parish Council discharges its duties and powers within the law and according to its governance policies. These policies are reviewed annually.

Flixborough Parish Council is a member of the East Riding & North Lincolnshire Local Councils Association which provides support and training for the Parish Councillors and the Parish Clerk.

The rules governing the behaviour of Parish councillors are set out in the Code of Conduct issued by central government in April 2007 https://www.legislation.gov.uk/uksi/2007/1159/pdfs/uksi_20071159_en.pdf Opens in a new window . Parish Councillors work to rules on how business is conducted, as set out in the Standing Orders adopted by the Parish Council. Flixborough’s Standing Orders also include information on:

  • Procedures at the Annual Parish Meeting
  • Financial Regulations, including Procurement Policy
  • Committee Structure and Scheme of Delegation
  • Terms of Reference of Committees
  • Code of Conduct supplementary guidance

Further details on the governance and procedures of Parish Councils can be found in the Local Government Act 1972 https://www.legislation.gov.uk/ukpga/1972/70 Opens in a new window , the Localism Act 2011 (overview) https://www.legislation.gov.uk/ukpga/2011/20/contents/enacted Opens in a new window and the Transparency Code for Smaller Authorities https://www.gov.uk/government/publications/transparency-code-for-smaller-authorities Opens in a new window . A guide for good governance is also provided in the Governance Toolkit for Parish & Town Councils, produced in partnership between the National Association of Local Councils, the Society of Local Council Clerks, Standards for England and the Association of Council Secretaries and Solicitors and is endorsed by the Local Government Association (2009).

Parish Clerk

The Parish Council employs a Parish Clerk. The Clerk provides professional advice and administrative support to ensure that the Council adheres to its legal requirements and implements decisions correctly. The Clerk is also the Council’s Responsible Financial Officer, administering its financial affairs in accordance with prescribed procedures.

Parish Council Powers

Please note that this is not an exhaustive list, but provides the key powers attributable to the Parish Council.

FUNCTION
POWERS & DUTIES
STATUTORY PROVISIONS
ALLOTMENTS
Duty to provide allotments. Power to improve and adapt land for allotments, and to let grazing rights
Small Holding & Allotments Act 1908, ss. 23, 26, and 42
BATHS & WASHHOUSES
Power to provide public baths and washhouses
Public Health Act 1936, ss. 221, 222, 223 and 227
BURIAL GROUNDS, CEMETERIES AND CREMATORIA
Power to acquire and maintain. Power to provide. Power to agree to maintain monuments and memorials. Power to contribute towards expenses of cemeteries
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
BYE-LAWS
Power to make bye-laws in regard to pleasure grounds, Cycle Parks, Baths and Washhouses, Open Spaces and Burial Grounds, Mortuaries and Post-mortem Rooms
Public Health Act 1875, s. 164; Road Traffic Regulation Act 1984, s.57(7); Public Health Act 1936, s.223; Open Spaces Act 1906, s.15; Public Health Act 1936, s.198
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. Power to contribute to police services e.g. PCSO’s. Duty on Parish Councils to consider crime reduction in every policy and action
Local Government and Rating Act 1997, s.31; Police Act 1996, s92; 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. Power to take enforcement action against those who commit an offence against a Dog Control Order.
Cleaner Neighbourhoods and Environment Act 2005
ENTERTAINMENT & THE ARTS
Provision of entertainment and support of the arts
Local Government Act 1972, s.145
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 bridle-ways. Power to light roads and public places. Provision of litter bins. Powers to provide parking places for bicycles and motor-cycles, and other vehicles. Power to enter into agreement as to dedication and widening. 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. Power to provide traffic signs and other objects or devices warning of danger. Power to plant trees and lay out grass verges etc. and to maintain them.
Highways Act 1980, ss.43,50; Parish Councils Act 1957, s.3; Highways Act 1980, s.301; Litter Act 1983, ss.5,6; Road Traffic Regulation Act 1984, ss.57,63; Highways Act 1980, ss.30,72; Parish Councils Act 1957, s.1; Highways Act 1980, ss.47,116; Highways Act 1980, s.130; 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 Power to accept gifts of land
Local Government Act 1972, ss.124, 126, 127; Local Government Act 1972, s.139
LITTER
Provision of receptacles; Power to take enforcement action against those that litter
Litter Act 1983, ss.5,6; 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
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. Powers to make grants for bus services
Local Government and Rating Act 1997, s.26, 28 and 29; 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)