Local Government Act 1972

248 Freemen and inhabitants of existing boroughs. E+W

(1) Subject to the following provisions of this section [F1 and 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 [F1 and Schedule 28A] any such place is referred to as a city or town.

[F2 (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.]

[F3 (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 [F4 persons 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 [F5 to the freedom] of a city or town, [F6 the 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, [F6 the person's] name shall be entered on the roll of [F7 persons admitted to the freedom] of that city or town.

(4) After 31st March 1974—

(a) a [F8 person 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 [F8 person 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 [F8 person 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.

[F9 (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.]

Textual Amendments

F1 Words in s. 248(1) inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(4)(a), 148(1)(d)

F2 S. 248(1A)-(1C) inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 27(2), 148(1)(d)

F3 S. 248(1D) inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(2), 148(1)(d)

F4 Words in s. 248(2) substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(4)(b), 148(1)(d)

F5 Words in s. 248(3) substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(4)(c)(i), 148(1)(d)

F6 Words in s. 248(3) substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(4)(c)(ii), 148(1)(d)

F7 Words in s. 248(3) substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(4)(c)(iii), 148(1)(d)

F8 Words in s. 248(4)(a)(b)(c) substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 28(4)(d), 148(1)(d)

F9 S. 248(6) added (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 54 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2