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Local Government Act 1972

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Status, etc.E+W

245 Status of certain districts, parishes and communities.E+W

(1)If, on a petition presented to Her Majesty by the council of a district praying for the grant of a charter under this subsection, Her Majesty by the advice of Her Privy Council thinks fit so to do, She may by the charter confer on that district the status of a borough, and thereupon—

(a)the council of the district shall bear the name of the council of the borough;

(b)the chairman and vice-chairman of the council shall respectively be entitled to the style of mayor and deputy mayor of the borough.

[F1(1A)Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive F2...]

(2)A petition for a charter under subsection (1) above shall not be presented except on a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(3)No charter under subsection (1) above shall take effect before 1st April 1974.

(4)Where a petition is presented to Her Majesty before 1st April 1974 by the council of a district praying for the grant of a charter under subsection (1) above and it is signified on behalf of Her Majesty before that date that She proposes to accede to the petition and that She approves—

(a)the use for the district of any style previously belonging to an existing borough which on that date will become wholly or partly comprised in the district; and

(b)the use for the chairman and vice-chairman of the council of the district of any style previously belonging to the mayor or deputy mayor of that borough;

those styles may be so used as from 1st April 1974.

[F3(4A)Where—

(a)a council are operating executive arrangements which involve a mayor and cabinet executive F4...; and

(b)the chairman or vice-chairman of the council has previously used the style of mayor or deputy mayor by virtue of subsection (4)(b), the chairman or vice-chairman, as the case may be, shall no longer use that style.]

(5)A district which has the status of a borough, or for which the style of borough may be used, by virtue of the foregoing provisions of this section and the council of any such district shall not be treated as a borough or the council of a borough for the purposes of any Act passed before 1st April 1974.

(6)The council of a parish F5. . . which is not grouped with any other parish F5. . . may resolve that the parish F5. . . shall have the status of a town and thereupon—

(a)the council of the parish F5. . . shall bear the name of the council of the town;

(b)the chairman and vice-chairman of the council shall be respectively entitled to the style of town mayor and deputy town mayor;

(c)the parish meeting F6. . . shall have the style of town meeting.

(7)A resolution under subsection (6) above shall cease to have effect if the parish F5. . . to which it relates ceases to exist.

[F7(7A)A resolution under subsection (6) shall cease to have effect if the parish has an alternative style (within the meaning of section 17A) by virtue of any of the following—

(a)an order under section 11;

(b)a resolution under section 12A;

(c)an order under section 86 of the Local Government and Public Involvement in Health Act 2007.]

(8)If a parish F5. . . council which has passed a resolution under subsection (6) above is dissolved without the parish F5. . . ceasing to exist, the dissolution shall not affect the status of the parish F5. . . or the application to it of paragraph (c) of that subsection and in England the parish trustees shall have the style of town trustees.

(9)A parish F5. . . council by whom a resolution under subsection (6) above has been passed or, if the council has been dissolved, the parish meeting in England F8. . . may resolve that the parish F5. . . shall cease to have the status of a town and thereupon subsection (6)(a) to (c) above and subsection (8) above shall cease to apply to the parish F5. . ..

(10)The foregoing provisions of this section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any such provision granting the status of a city or royal borough or conferring the style of lord mayor, deputy lord mayor or right honourable.

Textual Amendments

F1S. 245(1A) inserted (26.10.2000 (E.) and 28.7.2001 (W.)) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 11(1)(2); S.I. 2000/2849, art. 2(e)

F4Words in s. 245(4A) repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(7)(d), 178(2), Sch. 4 Pt. B and words in s. 245(4A)(a) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 5, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F7S. 245(7A) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 8(2); S.I. 2008/337, art. 2(c)

[F9245A Change of status of Welsh county to county borough.E+W

(1)Where a petition is presented to Her Majesty by the council of a county in Wales praying for the grant of a charter under this section, Her Majesty, on the advice of Her Privy Council, may by charter confer on that county the status of a county borough.

(2)No such petition shall be presented unless a resolution of the council has been passed by not less than two-thirds of the members voting at a meeting of the council specially convened for the purpose.

(3)No charter under this section shall take effect before 1st April 1996.

(4)A county borough which has acquired that status by a charter under this section—

(a)shall be a county borough; but

(b)shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.

(5)This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision granting the status of a royal borough or conferring any style on any person.]

Textual Amendments

[F10245B Community having the status of a town.E+W

(1)The council of a community which is not grouped with any other community may, subject to subsection (3) below, resolve that the community shall have the status of a town.

(2)Where a community has the status of a town—

(a)the town council shall have the name of the community with the addition—

(i)in English, of the words “Town Council”; and

(ii)in Welsh, of the words “Cyngor Tref”;

(b)the chairman of the town council shall be entitled to the style of “town mayor” or “maer y dref”; and

(c)the vice-chairman of the town council shall be entitled to the style of “deputy town mayor” or “dirprwy faer y dref”.

(3)Where the provisions of section 27(4) above apply in relation to a community, the council of that community shall not pass a resolution under subsection (1) above unless it is satisfied that those provisions have been complied with in relation to the community.

(4)Any such resolution shall cease to have effect if the community to which it relates ceases to exist.

(5)If a community council which has passed such a resolution is dissolved without the community ceasing to exist, the dissolution shall not affect the status of the community.

(6)A community council by whom a resolution has been passed under subsection (1) above or, if the council has been dissolved, a community meeting of the community may resolve that the resolution shall cease to have effect.

(7)On the passing of a resolution under subsection (6) above, the community shall cease to have the status of a town.

(8)This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision conferring any style on any person.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 245B: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

246 Preservation of powers, privileges and rights of existing cities or boroughs.E+W

(1)Any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of an existing city or borough shall belong on and after that date to the inhabitants of the area of the existing city or borough.

(2)A charter granted by Her Majesty under section 245 above with respect to a district may—

(a)provide that any powers to appoint local officers of dignity exercisable immediately before 1st April 1974 by the corporation of an existing city or borough, the area of which becomes wholly or partly comprised by virtue of Part I or II of this Act in the district [F11being powers which are not exercised pursuant to subsection (4) or (5) below by charter trustees], shall be exercisable on the coming into force of the charter by the council of the district in relation to the whole or any part of the district;

(b)provide that any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of any such city or borough [F12for which charter trustees are not constituted pursuant to subsection (4) or (5) below] shall belong on the coming into force of the charter to the inhabitants of the whole or any part of the district;

(c)contain such incidental, consequential or supplementary provision as may appear to Her Majesty to be necessary or proper in connection with the aforesaid matters.

[F13(2A)Any powers to appoint local officers of dignity exercisable immediately before 1st April 1996 in relation to any area by the council of a district in Wales by virtue of a charter granted under section 245 above shall, on and after that date, be exercisable in relation to that area by the council of the principal area in which, on that date, that area becomes comprised.

(2B)Where on 1st April 1996 that area becomes comprised partly in each of two or more principal areas, those powers shall be exercised on and after that date by such of the councils of those principal areas as may be agreed between them, or, in default of agreement, as the Secretary of State may designate.]

(3)Where by virtue of Part I or II of this Act, the area of an existing city or borough on 1st April 1974 becomes a parish in England or becomes a community in Wales having a separate community council, any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the parish or community council.

(4)Where by virtue of Part I or II of this Act the area of an existing city or borough on 1st April 1974 becomes wholly comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and that city or borough does not on that date become a parish in England or a community in Wales having a separate community council—

(a)there shall as from that date be a body corporate by the name of “the Charter Trustees of the City” or “the Charter Trustees of the Town”, as the case may be, with the addition of the name of the existing city or borough, consisting of the district councillors for the wards wholly or partly comprising the area of the city or borough or, if the number of those councillors is less than three, consisting of those councillors and such number of local government electors for that area appointed by the district council as will make the number of charter trustees up to three;

(b)the charter trustees may in every year elect one of their number to be city or town mayor and another to be deputy city or town mayor; and

(c)any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the charter trustees.

(5)Where by virtue of Part I of this Act part of the area of an existing city or borough in England on 1st April 1974—

(a)becomes a parish; or

(b)becomes comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and does not become a parish;

the Secretary of State may by order provide that subsection (3) or (4) above, as the case may be, shall apply to that part of that area, but if the order so provides with the substitution for the name of the existing city or borough in question of a name specified in the order.

(6)Subsections (1), [F14and (3) above and any order applying subsection (3) made pursuant to] subsection (5) above shall have effect subject to [F15subsection (2A) above,] any provision made by a grant under Her Majesty’s prerogative or any provision of a charter granted by Her Majesty under section 245 above and any other provision of this Act or an instrument thereunder, and a charter under subsection (2) above shall have effect subject to any provision made by any such grant or any other provision of this Act or an instrument thereunder.

F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)If an area or part of an area for which charter trustees have been constituted under subsection (4) above becomes, or becomes comprised in, a parish or a separate community council is established for a community consisting of such an area, that subsection shall cease to apply to the area or part and accordingly the charter trustees shall cease to act therefor.

(9)Where charter trustees have been constituted for an area which is altered by an order under [F17Part 3 of the Local Government (Democracy) (Wales) Act 2013] and [F18subsection (8) does not apply] in relation to the alteration, the order may make such provision with respect to the charter trustees as may appear to the Secretary of State to be appropriate.

(10)The sums required to meet the expenses of charter trustees shall be chargeable on, but only on, the area for which the charter trustees act, and for the purpose of obtaining those sums the charter trustees shall issue precepts to the council of the district in which that area is situated.

(11)Where the amount of the income received by charter trustees in any year from their property exceeds any expenditure incurred in connection with that property, they shall pay the excess to the rating authority for the rating area in which the area for which the charter trustees act is situated to be credited to the last-mentioned area.

F19(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)Charter trustees shall keep such accounts as may be prescribed of their receipts and payments.

(14)Sections 15(5) and 34(5) above shall apply in relation to a city or town mayor holding office by virtue of this section as they apply to the chairman of a parish or community council.

(15)[F20Section 168 above], except subsection (5), shall apply in relaton to charter trustees as if the charter trustees were the council of a parish or community consisting of the area for which they act.

(16)Sections 173 to 178 above [F21and (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011] shall apply in relation to charter trustees as if the charter trustees were the members of the council of a parish or community consisting of the area for which they act.

Textual Amendments

F11Words inserted by Charter Trustees Act 1985 (c. 45, SIF 81:1) ss. 1(2)(a)(3), 2

Modifications etc. (not altering text)

C2S. 246(2) applied (with modifications)(11.3.1996) by S.I. 1996/330, arts. 1(2), 4(2)

C3S. 246(15) amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 3(5)

247 Transfer of armorial bearings from old to new authorities.E+W

(1)Subject to subsection (2) below, Her Majesty may by Order in Council authorise any new local authority specified in the Order to bear and use any armorial bearings which may be so specified and which, immediately before 1st April 1974, were lawfully borne and used by an existing local authority which ceases to exist by virtue of section 1 of section 20 above.

(2)An Order in Council under this section shall provide that before any armorial bearings of an existing local authority may be borne and used by a new local authority in accordance with the Order, they shall be exemplified according to the laws of arms and recorded in the College of Arms.

[F22(3)Subsections (1) and (2) above also apply in relation to new principal councils in Wales and authorities which ceased to exist as a result of the Local Government (Wales) Act 1994 but as if the reference to April 1, 1974 were a reference to 1st April 1996.]

Textual Amendments

Modifications etc. (not altering text)

C5S. 247 applied (with modifications)(11.3.1996) by S.I. 1996/330, arts. 1(2), 7

248 Freemen and inhabitants of existing boroughs.E+W

(1)Subject to the following provisions of this section [F23and Schedule 28A], nothing in this Act shall affect any person’s status, or the right of any person to be admitted, as a freeman of a place which is an existing borough; and in this section [F23and Schedule 28A] any such place is referred to as a city or town.

[F24(1A)Where the son of a freeman of a city or town may claim to be admitted as a freeman of that place, the daughter of a freeman may likewise claim to be so admitted.

(1B)The son or daughter of a freeman of a city or town shall be admitted as a freeman whether born before or after the admission, as a freeman, of his or her freeman parent and wherever he or she was born.

(1C)In subsections (1A) and (1B) “freeman” excludes a freeman of the City of London.]

[F25(1D)Schedule 28A (amendment of laws relating to freedom of city or town) shall have effect.]

(2)On and after 1st April 1974 the roll of [F26persons admitted to the freedom] of a city or town shall be kept by the proper officer of the relevant district council, that is to say, the council of the district which comprises the whole or the greater part of the city or town.

(3)If at any time on or after 1st April 1974 any person claims to be admitted [F27to the freedom] of a city or town, [F28the person's] claim for admission shall be examined by the chairman of the relevant district council, as defined in subsection (2) above, and, if the person’s claim is established, [F28the person's] name shall be entered on the roll of [F29persons admitted to the freedom] of that city or town.

(4)After 31st March 1974—

(a)a [F30person admitted to the freedom] of a city or town,

(b)any person who by marriage, descent, employment or otherwise is or has been related to or associated with a [F30person admitted to the freedom] of a city or town, and

(c)any person who is or has been related by marriage to the widow or a child of a [F30person admitted to the freedom] of a city or town,

shall have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed on that date by a freeman of that city or town, by a person correspondingly related to or associated with such a freeman or, as the case may be, by a person correspondingly related by marriage to the widow or a child of such a freeman.

(5)A person who is on 1st April 1974, or becomes thereafter, an inhabitant of a city or town shall, as such, have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed immediately before that date by an inhabitant of that city or town.

[F31(6)This section shall have effect in relation to Wales as if—

(a)in subsections (2) and (3) the references to the relevant district council were references to the relevant principal council; and

(b)in subsection (2) the reference to the council of the district were a reference to the council of the principal area.]

249[F32Honorary titles].E+W

(1)A principal council may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, confer the title of honorary aldermen [F33or honorary alderwomen] on persons who have, in the opinion of the council, rendered eminent services to the council as past members of that council, but who are not then [F34members] of the council.

(2)No honorary alderman [F35or honorary alderwoman] shall, while serving as a [F36member] of the council, be entitled to be addressed as alderman [F37or alderwoman] or to attend or take part in any civic ceremonies of the council as an alderman [F38or alderwoman].

(3)Services rendered to the council of an existing county, county borough, borough or urban or rural district the area of which becomes wholly or partly included in a new county or district shall be treated for the purposes of subsection (1) above as services rendered to the council of the new county or district, as the case may be.

(4)An honorary alderman [F39or honorary alderwoman] of a principal council may attend and take part in such civic ceremonies as the council may from time to time decide, but shall not, as such, have the right—

(a)to attend meetings of the council or a committee of the council (including a joint committee upon which they are represented); or

(b)to receive any such allowances or other payments as are payable under sections 173 to 176 above [F40or Part 8 of the Local Government (Wales) Measure 2011].

[F41(4A)A principal council may spend such reasonable sum as they think fit for the purpose of presenting an address, or a casket containing an address, to a person on whom they have conferred the title of honorary alderman or honorary alderwoman.]

[F42(5)Subject as follows, a relevant authority may admit to be honorary freemen or honorary freewomen of the place or area for which it is the authority—

(a)persons of distinction, and

(b)persons who have, in the opinion of the authority, rendered eminent services to that place or area.

(6)In this section “relevant authority” means—

(a)a principal council;

(b)a parish or community council;

(c)charter trustees in England constituted—

(i)under section 246 of the Local Government Act 1972,

(ii)by the Charter Trustees Regulations 1996 (SI 1996/263), or

(iii)under Part 1 of the Local Government and Public Involvement in Health Act 2007.

(7)The power in subsection (5) above is exercisable by resolution of the relevant authority.

(8)A resolution under subsection (7) above must be passed—

(a)at a meeting of the relevant authority which is specially convened for the purpose and where notice of the object of the meeting has been given; and

(b)by not less than two-thirds of the members of the relevant authority (or, in the case of charter trustees, of the trustees) who vote on it.

(9)A relevant authority may spend such reasonable sum as it thinks fit for the purpose of presenting an address or a casket containing an address to a person on whom the authority has conferred the title of honorary freeman or honorary freewoman under subsection (5) above.

(10)The admission of a person as honorary freeman or honorary freewoman does not confer on that person any of the rights referred to in section 248(4) above.]

Textual Amendments

F34Word in s. 249(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 9(2)

F36Word in s. 249(2) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 9(3)

F42S. 249(5)-(10) substituted (12.1.2010) for s. 249(5)-(9) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 29(7), 148(1)(d)

Modifications etc. (not altering text)

C6S. 249 modified (3.4.1995) by 1994 c. 19, s. 66(7), Sch. 17 para. 22(2) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5

S. 249 extended (11.3.1996) by S.I. 1996/330, arts. 1(2), 6(1)

S. 249: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C7S. 249(1) applied (with modifications)(11.3.1996) by S.I. 1996/330, arts. 1(2), 6(2)

C9S. 249(2)(4) modified (11.3.1996) by S.I. 1996/330, arts. 1(2), 6(3)

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