Parish Councils Act 1957
| Jurisdiction | UK Non-devolved |
| Citation | 1957 c. 42 |
| Year | 1957 |
Parish Councils Act , 1957
(5 & 6 Eliz. 2) CHAPTER 42
An Act to make further provision as to the constitution of parish councils, and as to the powers of parish councils and parish meetings, in rural parishes in England and Wales.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Powers to Provide Public Amenities
1 Power to provide seats and shelters in roads.
(1) Subject to the provisions of section five of this Act, a parish council may provide and maintain seats and shelters for the use of the public and cause them to be installed or erected in proper and convenient situations in, or on any land abutting on, any road within the parish.
(2) In parishes in which the Public Improvements Act, 1860 (in this section referred to as ‘the Act of 1860’) has effect, the powers conferred by this section shall be in substitution for any powers under that Act to place seats and shelters.
(3) The Act of 1860 (which, in so far as it relates to the provision of recreation grounds and public walks by parish councils, has been superseded by section eight of the Local Government Act, 1894, and, in so far as it confers powers on other local authorities, has been superseded by other enactments) shall cease to have effect; and accordingly for the purposes of subsection (3) of section one hundred and ninety-three of the Local Government Act, 1933 (which limits the sums which may be required to be raised in any financial year to meet the expenses of a parish council, other than expenses under the Act of 1860 and certain other Acts) any expenditure by a parish council in providing or acquiring land for a recreation ground or public walk under subsection (1) of the said section eight, or in exercising any powers under the said subsection (1) in relation to a recreation ground or public walk provided under that subsection or under the Act of 1860, shall be left out of account.
2 Power to provide public clocks.
2. A parish council may provide, maintain and light such public clocks within the parish as they consider necessary, and (subject to the provisions of section five of this Act) may cause them to be installed on or against any premises or in any other place the situation of which may be convenient.
3 Power to light roads and public places.
(1) Where this subsection has effect in any parish or part of a parish, the parish council or, if there is no parish council, the parish meeting may (subject to the provisions of section five of this Act) for the purpose of lighting the roads and other public places in the parish, or in that part of the parish, as the case may be,—
(a ) provide and maintain such lamps, lamp posts and other materials and apparatus as they think necessary;
(b ) cause such lamps, lamp posts and other materials and apparatus to be erected or installed on or against any premises or in such other places as may be convenient;
(c ) contract with any person for the supply of gas, electricity or other means of lighting; and
(d ) employ, with or without remuneration, such persons as may be necessary for the maintenance and superintendence of anything provided under this subsection.
(2) Subject to the provisions of subsection (4) of this section, subsection (1) of this section shall have effect in place of the Lighting and Watching Act, 1833, in every parish or part of a parish in which that Act was in force immediately before the commencement of this Act; and—
(a ) in a parish having a parish council, all property, debts and liabilities of any inspectors under that Act shall vest in the parish council;
(b ) in a parish not having a parish council, all such property, debts and liabilities shall vest in the representative body of the parish, subject to such directions as may be given by the parish meeting under section forty-seven of the Local Government Act, 1933 (which provides that the representative body shall in all respects act in manner directed by the parish meeting).
(3) Subject to the provisions of subsection (4) of this section, subsection (1) of this section shall also have effect—
(a ) in every parish for which it is adopted by the parish meeting; and
(b ) in every part of a parish for which it is adopted by a parish meeting which, apart from this section, is authorised or required to be held for that part;
and the said subsection (1) may be adopted as aforesaid notwithstanding that it already has effect in any area within the parish or part of a parish for which it is so adopted:
Provided that the said subsection (1) shall not be adopted for any parish or part of a parish in respect of which a rural district council has the powers of an urban authority under section one hundred and sixty-one of the Public Health Act, 1875 (which confers powers of lighting on urban authorities) except with the consent of the Minister of Housing and Local Government, and the Minister shall not give his consent unless he is satisfied on the application of the parish meeting of the parish or part of a parish for which it is proposed to adopt the said subsection (1), and after consultation with the rural district council, that the rural district council is not exercising the said powers in relation to that parish or part of a parish in such a manner as to provide adequate lighting of the roads and other public places therein.
(4) Where, by an order under section two hundred and seventy-six of the said Act of 1875, a rural district council is invested with the powers of an urban authority under the said section one hundred and sixty-one in respect of any area in which subsection (1) of this section has effect, the said subsection (1) shall cease to have effect in that area, and the supplementary provisions set out in subsection (1) of section one hundred and forty-eight and in sections one hundred and fifty and one hundred and fifty-one of the Local Government Act, 1933, shall for the purposes of this section apply in relation to the order as if it were an order made under Part VI of that Act making an alteration of authorities.
(5) Not less than fourteen days notice shall be given of any parish meeting at which it is proposed to adopt subsection (1) of this section, or to transact any business relating to an application to the Minister of Housing and Local Government for his consent to the adoption of that subsection or any other business relating to the adoption of that subsection; and accordingly for the purposes of sub-paragraph (2) of paragraph 2 of Part VI of the Third Schedule to the Local Government Act, 1933 (which provides that fourteen days notice shall be given of a parish meeting at which any business proposed to be transacted relates to the adoption of any of the adoptive Acts, or certain other matters) the expression ‘the adoptive Acts’ shall include the said subsection (1).
(6) Where subsection (1) of this section has effect in part only of a parish, any rate levied to defray expenses incurred under this section shall be charged on that part of the parish only.
(7) Any damages recoverable for damage caused by negligence to any lamp, lamp-post or other thing provided under subsection (1) of this section shall, if the amount of the damages does not exceed twenty pounds, be recoverable summarily as a civil debt.
(8) Any expenditure by a parish council under this section shall be left out of account for the purposes of subsection (3) of section one hundred and ninety-three of the Local Government Act, 1933 (which limits the sums which may be required to be raised in any financial year to meet the expenses of a parish council, other than expenses under the Lighting and Watching Act, 1833, and certain other Acts).
(9) In subsection (1) of section twenty-three of the Road Traffic Act, 1934 (which confers on county councils power to light county roads, notwithstanding any powers to light those roads possessed by a local authority under the Public Health Act, 1875, or the Lighting and Watching Act, 1833), for the words from ‘who have’ to ‘the Lighting and Watching Act, 1833’ there shall be substituted the words ‘by section three of the Parish Councils Act, 1957’.
4 Power to provide parking places for bicycles and motorcycles.
(1) Where for the purpose of relieving or preventing congestion of traffic or preserving local amenities it appears to a parish council to be necessary to provide within the parish suitable parking places for bicycles and motor-cycles, the parish council may provide and maintain such parking places in accordance with the provisions of this section, and for that purpose (or for the purpose of providing means of entrance to and egress from any parking place provided under this section) may—
(a ) utilise and adapt any land purchased by the council for the purpose or appropriated for the purpose under subsection (2) of this section; or
(b ) subject to the provisions of section five of this Act, adapt and by order authorise the use of any part of a road within the parish;
and the power under this subsection to provide and maintain parking places shall include power to provide and maintain...
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