Charter trustee

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In England and Wales, charter trustees are set up to maintain the continuity of a town charter or city charter after a district with the status of a borough or city has been abolished, until such time as a civil parish council or in larger settlements, a town council is established. Duties are limited to ceremonial activities such as the election of a mayor, and various other functions depending upon local customs and laws.

Contents

The charter trustees are made up of local councillors in the district representing wards within the boundaries of the town/city. If there are fewer than three district councillors for the former borough, then qualified local electors may be co-opted to make the number up to three.

Charter trustees must hold an annual meeting within twenty-one days of the annual meeting of the district council. The first item of business is the election of a town or city mayor and deputy mayor for the next year.

As of 2023, there are nineteen areas in England which continue to appoint charter trustees.

History

Local Government Act 1972

The original bodies of charter trustees were set up in 1974, under section 246 of the Local Government Act 1972. The concept was introduced into the Bill by a government amendment in September 1972. [1]

Section 245(4) of the Local Government Act 1972 allowed the 'shadow' district councils to make a petition to the Queen for borough status, before their coming into effect on 1 April 1974. In this case, if "it is signified on behalf of Her Majesty before that date that She proposes to accede" to the request then, the style of borough could be used immediately from 1 April 1974, despite the fact that the charter would be presented only later.

For the new districts which made no such petition (or where it was refused), for each former municipal borough in the district which was to become an unparished area rather than a successor parish, a body corporate styled the charter trustees of the town or city, were established, under section 246(4) of the Act.

In the original legislation, charter trustees could also be formed in Welsh districts, but the Charter Trustees Order 1974, which provided for the establishment of the trustees, stated that the section "shall not apply to the area consisting of the counties established by section 20 of the Act (new local government areas in Wales)", and "there will be no charter trustees in Wales." [2]

Charter Trustees Act 1985

Charter Trustees Act 1985
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom
Long title An Act to provide for the continuation of the charter trustees of any city or town and for the preservation of their powers and of the privileges and rights of the inhabitants of their area upon that area becoming comprised in a borough.
Citation 1985 c. 45
Territorial extent England and Wales
Dates
Royal assent 16 July 1985
Commencement 16 July 1985
Other legislation
Amends Local Government Act 1972
Text of statute as originally enacted
Text of the Charter Trustees Act 1985 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Originally, under section 246(7), when the district in which a town for which charter trustees had been established gained the status of a borough, the trustees would be immediately dissolved. Some new district councils petitioned for borough status soon after 1 April 1974, quickly dissolving the charter trustees.

This was changed by the Charter Trustees Act 1985, which provided that charter trustees would cease to exist only when a parish council was formed for the area of the former borough.

Local Government Act 1992

Legislation passed in 1992 led to the establishment of Local Government Commission whose remit was to review the system created in 1974. As a result there was a partial reorganisation, with a number of districts with borough or city status being abolished. The mechanism of creating charter trustees to preserve civic traditions was again used. However, trustees were created only where an outgoing council requested their establishment. The failure of the extinguished City of Rochester-upon-Medway council to appoint charter trustees for Rochester or to apply for Rochester's city status to be transferred to the replacement unitary authority of Medway led to Rochester losing its city status.

Some abolished boroughs such as Beverley included a large rural area. In such cases, the charter trustees were not established for the entire area of the former borough, but were limited to that part of the new authority which was unparished: the area identifiable as the town.

Local Government and Public Involvement in Health Act 2007

A further wave of reorganisations came into effect in some areas of England on 1 April 2009, under the terms of the Local Government and Public Involvement in Health Act 2007. The reforms saw the creation of new unitary authorities and the abolition of a number of districts with city or borough status. The Charter Trustees Regulations 2009 allow for the creation of trustees to preserve civic traditions in those areas where there is no obvious successor parish council. In the case of the cities of Chester and Durham the charter trustees area are identical to the entire abolished district, which includes not only the central unparished area but also the surrounding parishes. [3]

List

Current

Name of Charter TrusteesArea when establishedLocal Government AreaCeremonial CountyCreatedWebsite
Barrow-in-Furness The wards of Barrow Island, Central, Hawcoat, Hindpool, Newbarns, Ormsgill, Parkside, Risedale, Roosecote, Walney North and Walney South. Westmorland and Furness Cumbria 2023 [4]
City of Bath City of Bath district (1974-1996) Bath and North East Somerset Somerset 1996 [5]
Bournemouth The wards of Boscombe East, Boscombe West, Central Bournemouth, East Cliff and Springbourne, East Southbourne and Tuckton, Kinson North, Kinson South, Littledown and Iford, Moordown, Queen’s Park, Redhill and Northbourne, Talbot and Branksome Woods, Throop and Muscliff, Wallisdown and Winton West, West Southbourne, Westbourne and West Cliff, Winton East and the unparished part of the ward of Strouden Park. Bournemouth, Christchurch and Poole Dorset 2019 [6]
City of Carlisle The wards of Belah and Kingmoor, Botcherby and Harraby North, Cathedral and Castle, Currock and Upperby, Denton Holme and Morton South, Harraby South and Parklands, Newtown and Morton North, Sandsfield and Morton West and Stanwix and Houghton. Cumberland Cumbria 2023 [4]
City of Chester The wards of Blacon, Boughton Heath and Vicars Cross, Broxton, City, Gowy, Hoole and Newton, Mickle Trafford, Overleigh and Upton. Cheshire West and Chester Cheshire 2009 [7]
City of Durham The electoral divisions of Belmont, Brandon, Coxhoe, Deerness Valley, Durham South, Elvet, Framwellgate Moor, Gilesgate, Neville’s Cross, Newton Hall and Sherburn County Durham County Durham 2009 [7]
Cleethorpes Unparished area of the Borough of Cleethorpes North East Lincolnshire Lincolnshire 1996 [5]
East Retford The Municipal Borough of East Retford Bassetlaw Nottinghamshire 1974
Ellesmere Port The wards of Grange and Rossmore, Groves and Whitby, the unparished part of the Central and Westminster ward, and the parts of the wards of Ledsham and Willaston and Sutton and Manor comprised in the Ledsham, Sutton, Sutton Green and Manor and Willaston and Thornton wards of the former Ellesmere Port and Neston Borough Council. Cheshire West and Chester Cheshire 2009 [7]
Grantham The Municipal Borough of Grantham South Kesteven Lincolnshire 1974
Great Grimsby Borough of Great Grimsby North East Lincolnshire Lincolnshire 1996 [5]
Harrogate The wards of Harrogate Bilton Grange, Harrogate Bilton Woodfield, Harrogate Central, Harrogate Coppice Valley, Harrogate Fairfax, Harrogate Harlow, Harrogate High Harrogate, Harrogate Hookstone, Harrogate Kingsley, Harrogate New Park, Harrogate Oatlands, Harrogate Old Bilton, Harrogate Starbeck, Harrogate Stray, Harrogate St Georges, Harrogate Valley Gardens, the unparished part of the ward of Harrogate Duchy, the unparished part of the ward of Harrogate Pannal and the unparished part of the ward of Harrogate Saltergate. North Yorkshire North Yorkshire 2023 [8]
High Wycombe The Municipal Borough of High Wycombe Wycombe Buckinghamshire 1974
Mansfield The Municipal Borough of Mansfield Mansfield district Nottinghamshire 1974
Margate The Municipal Borough of Margate Thanet Kent 1974
Poole The wards of Alderney, Branksome East, Branksome West, Broadstone, Canford Cliffs, Canford Heath East, Canford Heath West, Creekmoor, Hamworthy East, Hamworthy West, Merley and Bearwood, Newtown, Oakdale, Parkstone, Penn Hill and Poole Town. Bournemouth, Christchurch and Poole Dorset 2019 [6]
Scarborough The wards of Woodlands, Northstead, Castle, Weaponness and Ramshill, Falsgrave and Stepney and the unparished part of the ward of Eastfield. North Yorkshire North Yorkshire 2023 [8]
Scunthorpe Borough of Scunthorpe North Lincolnshire Lincolnshire 1996 [5]
Worksop The Municipal Borough of Worksop Bassetlaw Nottinghamshire 1974

Former

Former municipal boroughSuccessor districtCounty in 1974CreatedParished/abolished
Andover Test Valley District Hampshire 1974abolished 1976, successor the Borough of Test Valley [9]
Aylesbury Aylesbury Vale Buckinghamshire 1974parished 2000 [10]
Banbury Cherwell Oxfordshire 1974parished 2000 [11]
Basingstoke Basingstoke District Hampshire1974abolished 1978, successor the Borough of Basingstoke and Deane [12]
Bedford Bedford District Bedfordshire 1974abolished 1975, successor the Borough of North Bedfordshire [13]
Beverley East Riding of Yorkshire Humberside 1996 [5] parished 1999 [14]
Bexhill-on-Sea Rother East Sussex 1974parished 2021 [15]
Bootle Sefton Merseyside 1974abolished c. 1975, successor the Borough of Sefton
Bridgwater Sedgemoor Somerset 1974parished 2003
Burton upon Trent East Staffordshire Staffordshire 1974abolished 1992 when East Staffordshire became a borough [16]

unparished area became various parishes in 2003

Chelmsford Chelmsford District Essex 1974abolished 1977, successor the Borough of Chelmsford [17]
Chippenham North Wiltshire Wiltshire 1974parished 1984 [18]
Cleethorpes Cleethorpes District Humberside1974abolished 1975, successor the Borough of Cleethorpes
Colne Pendle district Lancashire 1974abolished 1976, successor the Borough of Pendle
Crewe Cheshire East Cheshire2009 [7] parished 2013
Crosby Sefton Merseyside1974abolished c. 1975, successor the Borough of Sefton
Dartford Dartford district Kent 1974abolished 1977, successor the Borough of Dartford
Daventry Daventry district Northamptonshire 1974parished 2003
Deal Dover district Kent1974parished 1996
Dover Dover district Kent1974parished 1996
Dunstable South Bedfordshire Bedfordshire1974parished 1985
Folkestone Shepway Kent1974parished 2004
Goole Boothferry Humberside1974abolished 1978, successor the Borough of Boothferry. The area was parished in 1983. [19]
Hemel Hempstead Dacorum District Hertfordshire 1974Abolished 1984, successor the Borough of Dacorum [20]
City of Hereford Herefordshire Herefordshire 1998 [21] parished 2000
Ilkeston Erewash Derbyshire 1974abolished 1975, successor the Borough of Erewash
Kidderminster Wyre Forest Worcestershire 1974parished 2016
King's Lynn West Norfolk district Norfolk 1974Abolished 1981, successor the Borough of King's Lynn and West Norfolk
City of Lichfield Lichfield district Staffordshire1974parished 1980
Lowestoft Waveney Suffolk 1974parished 2017
Lymington New Forest district Hampshire1974parished (as four parishes) 1979
Macclesfield Cheshire EastCheshire2009 [7] parished 2015
Maldon Maldon Essex1974parished 1987
Nelson Pendle district Lancashire1974Abolished 1976, successor the Borough of Pendle
Newark Newark district Nottinghamshire1974parished 1980
Newbury West Berkshire Berkshire 1974parished 1997
Penzance Penwith Cornwall 1974parished 1980
Queenborough-in-Sheppey Swale district Kent1974Parished (as four parishes) in 1982 [19]
Ramsgate Thanet Kent1974parished 2009 [22]
Royal Leamington Spa Warwick district Warwickshire1974parished 2002
Royal Tunbridge Wells Tunbridge Wells district Kent1974Abolished 1974, successor the Borough of Tunbridge Wells
City of Salisbury (New Sarum) Salisbury district Wiltshire1974parished 2009
Southport Sefton Merseyside1974abolished c. 1975, successor the Borough of Sefton
Taunton Taunton Deane District Somerset1974, re-established 2019abolished 1975, successor the Borough of Taunton Deane. Parished 1 April 2023 (Taunton Town Council)
Weston-super-Mare Woodspring (now North Somerset)Avon1974parished 2000
Workington Allerdale Cumbria1974parished 1982
Yeovil Yeovil district (now South Somerset)Somerset1974parished 1984

Changes

2009

The structural changes to local government in 2009 led to the formation of Charter Trustees for Crewe, Macclesfield, Chester and Ellsemere Port. [23] The Charter Trustees for Crewe and Macclesfield were subsequently abolished and replaced by parishes.

2019

Charter trustees were established in April 2019 for Bournemouth, Poole and Taunton as a consequence of local government structural changes in Dorset and Somerset. [6]

2023

On 1 April 2023 the unitary authorities of Cumberland, Westmorland and Furness, and North Yorkshire were established. Charter trustees were established for Carlisle (which also preserved its city status [24] [25] ), Barrow, [4] Harrogate and Scarborough. [26]

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References

  1. ↑ Parliamentary Debates (Hansard) . House of Lords. 1972-09-22. col. 1494–1496.
  2. ↑ S.I. 1974 No. 176
  3. ↑ "The Charter Trustees Regulations 2009". Office of Public Sector Information. 10 March 2009. Archived from the original on 2 April 2010. Retrieved 14 March 2009.
  4. 1 2 3 "The Local Government (Structural Changes) (Supplementary Provision and Amendment) Order 2023".
  5. 1 2 3 4 5 "The Charter Trustees Regulations 1996". Office of Public Sector Information. 1996. Retrieved 2009-02-28.
  6. 1 2 3 The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019
  7. 1 2 3 4 5 "The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009". Office of Public Sector Information. 2009. Retrieved 2009-12-19.
  8. 1 2 "The North Yorkshire (Structural Changes) Order 2022".
  9. ↑ "Test Valley Mayors and District Council Chairmen since 1973". Test Valley Borough Council. 2008. Archived from the original on 2011-06-13. Retrieved 2009-02-28.
  10. ↑ "The History of Mayoralty in Aylesbury" (PDF). Aylesbury town Council. Archived from the original (PDF) on 2011-07-17. Retrieved 2009-02-23.
  11. ↑ "Banbury Town Council". 2007. Archived from the original on 2009-03-12. Retrieved 2009-02-28.
  12. ↑ "No. 47453". The London Gazette . 2 February 1978. p. 1397.
  13. ↑ "No. 46725". The London Gazette . 31 October 1975. p. 13813.
  14. ↑ "Beverley Town Council" . Retrieved 2009-02-28.
  15. ↑ The Rother District Council (Reorganisation of Community Governance) (Bexhill-on-Sea) Order 2021 (PDF). 2021. Archived from the original (PDF) on 16 February 2022. Retrieved 16 February 2022.
  16. ↑ "Burton-upon-Trent: Local government | British History Online".
  17. ↑ "Alteration of Status of Local Authorities 1975-1978" (PDF). Local Government Boundary Commission for England. Archived from the original on 20 March 2022. Retrieved 2 June 2023.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  18. ↑ "Chippenham Mayors". Chippenham Town Council. 2008. Retrieved 2009-02-28.[ dead link ]
  19. 1 2 "Alteration to Areas and Status of Local Authorities 1982-83" (PDF). Local Government Boundary Commission for England. Archived from the original on 20 March 2022. Retrieved 2 June 2023.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  20. ↑ "Alteration of Status of Local Authorities 1984-1985" (PDF). Local Government Boundary Commission for England. Archived from the original on 20 March 2022. Retrieved 2 June 2023.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  21. ↑ "The Charter Trustees (Hereford) Order 1998". Office of Public Sector Information. 1998. Archived from the original on 2005-07-25. Retrieved 2009-12-19.
  22. ↑ "District of Thanet (Reorganisation of Community Governance) Order 2009". Thanet District Council. 2009. Archived from the original on 2011-07-16. Retrieved 2009-12-19.
  23. ↑ "The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009". Office of Public Sector Information. 2009. Archived from the original on 2010-12-18. Retrieved 2009-03-14.
  24. ↑ Gareth Cavanagh (11 March 2022). "Lords and local authority move to placate Carlisle city status concerns". Cumberland News and Star.
  25. ↑ Gareth Cavanagh (18 May 2022). "New Mayor of Carlisle will make sure he is not the last". Cumberland News and Star.
  26. ↑ "The North Yorkshire (Structural Changes) Order 2022 - Schedule 2". legislation.gov.uk.

Sources

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