What is a parish council?
A parish council is the first tier of local government and is the level of local government closest to the community.
Parish councils are elected public bodies. They make decisions as a council and have legal powers to provide services, manage local assets, support community projects and represent the views of residents.
Parish councils raise most of their funding through the precept, which is collected as part of Council Tax by the local billing authority.
Principal authorities, such as Wakefield Council, are responsible for larger statutory services including education, housing, planning, highways, environmental health and social care. Parish councils do not replace these services, but they can work with principal authorities, raise local issues, respond to consultations and help improve the local area.
Upton & North Elmsall Parish Council
Upton & North Elmsall Parish Council serves the Parish of Upton & North Elmsall. The Council has 12 councillor seats. Parish Council elections usually take place every four years. Our principal authority is Wakefield Council.
Powers & responsibilities
Parish councils can only act where they have the legal power to do so. These powers come from various Acts of Parliament and allow councils to provide or support a range of local services and facilities.
This may include things such as:
- allotments;
- open spaces and recreation areas;
- community buildings;
- play areas;
- litter bins;
- bus shelters;
- memorials;
- grants and support for local organisations;
- events and community projects.
Upton & North Elmsall Parish Council also has the General Power of Competence, which gives eligible parish councils wider powers to act for the benefit of their communities, provided that they act lawfully and within the relevant rules.
The Council may also receive income from grants, property, hire charges or other sources. Borrowing is possible, but only under strict legal rules and with the necessary approvals.
Statutory powers by Act
Parish councils derive their powers from a wide range of legislation.
Local Government Act 1972
s.101 Assume a function delegated by another authority
s.111 Ensure effective discharge of council functions
s.112 Employ someone to carry out council functions
s.124 Buy or lease land for the community
s.142 Publicise council and local authority functions
s.144 Encourage tourism
s.145 Provide entertainment
s.150 Raise money by precept (Council Tax)
s.175 Train councillors
s.214 Assume responsibility for a closed churchyard
s.222 Make representation at public enquiries
s.226 Acquire historical records
Sch.13 Borrow money
Sch.16 para 20 Comment upon planning applications
Local Government (Miscellaneous Provisions) Act 1953
s.4 Provide bus shelters
Local Government (Miscellaneous Provisions) Act 1976
s.19 Provide or support recreational facilities
Open Spaces Act 1906
s.9 Acquire and manage any open space including valuable habitats.
s.10 Administer open space held in trust
Provide lighting for any open space
Commons Act 1899
s.5 Manage common land
Public Health Act 1875
s.164 (see also LGA, 1972 sch.14 para 27) Acquire and manage land for a village green
Provide parks, pleasure grounds, public walks
Make bylaws to prevent dog fouling or to ban dogs
Public Health Act 1961
s.54 Provide a boating lake
Public Health Act 1936
s.87 Maintain public toilets
s.125 Use a local water course to obtain water
s.260 Maintain a local water course
The Countryside Act 1958
s.27 Erect signs for a right of way
Highways Act 1980
s.30 Create a right of way
s.43 Maintain a right of way
s.96 Plant verges with trees shrubs and bulbs (with Highways Authority consent)
Road Traffic Regulation Act 1984
s.57 Take action to relieve traffic congestion
Provide Parking facilities
Parish Councils Act 1957
s.1 Provide roadside seats (with Highways Authority consent)
s.3 (see also LGA 1972 Sch14, para 34) Provide lighting for footways and public places
Litter Act 1983
s.5 Provide litter bins
Smallholding and allotments Act 1908
s.26 Provide allotments
s.34 Acquire land for common pasture
Local Government (Records) Act 1962
s.1 Make community records available to the public
s.2 Purchase records of local interest
s.4 Support local archives
National Parks and Access to the Countryside Act 1949
s.16 Make agreement with English Nature to manage council-owned land as nature reserve.
The Wildlife and Countryside Act, 1981
s.39 Local authorities make management agreements with landowners
Environmental Protection Act 1990 and Litter (Animal Droppings) Order 1991
Must keep own land free of litter and dog faeces
Code of conduct — the Nolan principles
Upton & North Elmsall Parish Council adopted its current Councillor Code of Conduct at the Annual Meeting of the Council in May 2026.
All councillors are required to follow the Code of Conduct. The Code sets out the standards of behaviour expected from councillors when acting in their official role.
The Code is based on the Seven Principles of Public Life, also known as the Nolan Principles:
Selflessness
Councillors should act in the public interest.
Integrity
Councillors should not place themselves under obligations to others, allow themselves to be improperly influenced, or seek benefits for themselves, family, friends or close associates.
Objectivity
Councillors should act fairly, impartially and on merit.
Accountability
Councillors should be prepared to submit to appropriate scrutiny.
Openness
Councillors should be open and transparent in their actions and decisions, unless there are clear and lawful reasons for confidentiality.
Honesty
Councillors should be truthful.
Leadership
Councillors should promote and support high standards of conduct and be willing to challenge poor behaviour.
Roles & responsibilities
- The Clerk and Responsible Financial Officer
The Clerk is the Proper Officer of the Council and is responsible for supporting the Council in carrying out its legal and administrative duties.
The Clerk advises the Council, prepares agendas, issues meeting notices, keeps minutes, manages correspondence and helps ensure that Council decisions are implemented properly.
The Clerk works for the Council as a body. The Clerk does not work for individual councillors.
The Responsible Financial Officer is responsible for the Council’s financial administration and accounting records. At Upton & North Elmsall Parish Council, the Clerk also acts as the Responsible Financial Officer.
- Parish Councillors
Parish councillors are elected or co-opted to represent the interests of the whole community.
Councillors work together as a council to make decisions. Individual councillors cannot make decisions on behalf of the Council unless the Council has formally delegated authority to them.
Councillors may:
- attend and take part in Council meetings;
- consider reports and information before making decisions;
- raise issues on behalf of residents;
- help identify local needs and priorities;
- represent the Council on outside bodies or working groups, where appointed;
- help the Council improve services, facilities and the local environment.
The Parish Council is a corporate body. This means that decisions are made by the Council as a whole, not by individual councillors.