Charter trustee explained

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.

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

See main article: 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

Short Title:Charter Trustees Act 1985
Type:Act
Parliament: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.
Year:1985
Citation:1985 c. 45
Territorial Extent:England and Wales
Royal Assent:16 July 1985
Commencement:16 July 1985
Amends:Local Government Act 1972
Original Text:https://www.legislation.gov.uk/ukpga/1985/45/enacted
Use New Uk-Leg:yes
Uk-Leg Title:Charter Trustees Act 1985

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

See main article: Local Government Act 1992.

Legislation passed in 1992 led to the establishment of a 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

See main article: 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

Area when established!Local government area!Ceremonial county!Created!class=unsortable
Website
Barrow-in-FurnessThe wards of Barrow Island, Central, Hawcoat, Hindpool, Newbarns, Ormsgill, Parkside, Risedale, Roosecote, Walney North and Walney South.Westmorland and FurnessCumbria2023[4]
City of BathCity of Bath district (1974-1996)Bath and North East SomersetSomerset1996[5] https://mayorofbath.co.uk/
BournemouthThe 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 PooleDorset2019[6]
City of CarlisleThe 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.CumberlandCumbria2023
City of ChesterThe wards of Blacon, Boughton Heath and Vicars Cross, Broxton, City, Gowy, Hoole and Newton, Mickle Trafford, Overleigh and Upton.Cheshire West and ChesterCheshire2009[7] https://lordmayorchester.co.uk/
City of DurhamThe electoral divisions of Belmont, Brandon, Coxhoe, Deerness Valley, Durham South, Elvet, Framwellgate Moor, Gilesgate, Neville’s Cross, Newton Hall and SherburnCounty DurhamCounty Durham2009
CleethorpesUnparished area of the Borough of CleethorpesNorth East LincolnshireLincolnshire1996
East RetfordThe Municipal Borough of East RetfordBassetlawNottinghamshire1974https://eastretfordchartertrustees.co.uk/
Ellesmere PortThe 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 ChesterCheshire2009
GranthamThe Municipal Borough of GranthamSouth KestevenLincolnshire1974
Great GrimsbyBorough of Great GrimsbyNorth East LincolnshireLincolnshire1996
HarrogateThe 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 YorkshireNorth Yorkshire2023[8]
High WycombeThe Municipal Borough of High WycombeWycombeBuckinghamshire1974https://www.mayorofhighwycombe.co.uk/
MansfieldThe Municipal Borough of MansfieldMansfield districtNottinghamshire1974
MargateThe Municipal Borough of MargateThanetKent1974https://www.margate.org.uk/
PooleThe 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 PooleDorset2019
ScarboroughThe wards of Woodlands, Northstead, Castle, Weaponness and Ramshill, Falsgrave and Stepney and the unparished part of the ward of Eastfield.North YorkshireNorth Yorkshire2023
ScunthorpeBorough of ScunthorpeNorth LincolnshireLincolnshire1996
WorksopThe Municipal Borough of WorksopBassetlawNottinghamshire1974https://www.worksopchartertrustees.co.uk/

Former

Former municipal boroughSuccessor districtCounty in 1974CreatedParished/abolished
AndoverTest Valley DistrictHampshire1974abolished 1976, successor the Borough of Test Valley,[9] parished in 2010
AylesburyAylesbury ValeBuckinghamshire1974parished 2000[10]
BanburyCherwellOxfordshire1974parished 2000[11]
BasingstokeBasingstoke DistrictHampshire1974abolished 1978, successor the Borough of Basingstoke and Deane
BedfordBedford DistrictBedfordshire1974abolished 1975, successor the Borough of North Bedfordshire
BeverleyEast Riding of YorkshireHumberside1996parished 1999[12]
Bexhill-on-SeaRotherEast Sussex1974parished 2021[13]
BootleSeftonMerseyside1974abolished c. 1975, successor the Borough of Sefton
BridgwaterSedgemoorSomerset1974parished 2003
Burton upon TrentEast StaffordshireStaffordshire1974abolished 1992 when East Staffordshire became a borough[14] unparished area became various parishes in 2003
ChelmsfordChelmsford DistrictEssex1974abolished 1977, successor the Borough of Chelmsford[15]
ChippenhamNorth WiltshireWiltshire1974parished 1984[16]
CleethorpesCleethorpes DistrictHumberside1974abolished 1975, successor the Borough of Cleethorpes
ColnePendle districtLancashire1974abolished 1976, successor the Borough of Pendle
CreweCheshire EastCheshire2009parished 2013
CrosbySeftonMerseyside1974abolished c. 1975, successor the Borough of Sefton
DartfordDartford districtKent1974abolished 1977, successor the Borough of Dartford
DaventryDaventry districtNorthamptonshire1974parished 2003
DealDover districtKent1974parished 1996
DoverDover districtKent1974parished 1996
DunstableSouth BedfordshireBedfordshire1974parished 1985
FolkestoneShepwayKent1974parished 2004
GooleBoothferryHumberside1974abolished 1978, successor the Borough of Boothferry. The area was parished in 1983.[17]
Hemel HempsteadDacorum DistrictHertfordshire1974Abolished 1984, successor the Borough of Dacorum[18]
City of HerefordHerefordshireHerefordshire1998[19] parished 2000
IlkestonErewashDerbyshire1974abolished 1975, successor the Borough of Erewash
KidderminsterWyre ForestWorcestershire1974parished 2016
King's LynnWest Norfolk districtNorfolk1974Abolished 1981, successor the Borough of King's Lynn and West Norfolk
City of LichfieldLichfield districtStaffordshire1974parished 1980
LowestoftWaveneySuffolk1974parished 2017
LymingtonNew Forest districtHampshire1974parished (as four parishes) 1979
MacclesfieldCheshire EastCheshire2009parished 2015
MaldonMaldonEssex1974parished 1987
NelsonPendle districtLancashire1974Abolished 1976, successor the Borough of Pendle
NewarkNewark districtNottinghamshire1974parished 1980
NewburyWest BerkshireBerkshire1974parished 1997
PenzancePenwithCornwall1974parished 1980
Queenborough-in-SheppeySwale districtKent1974Parished (as four parishes) in 1982
RamsgateThanetKent1974parished 2009[20]
Royal Leamington SpaWarwick districtWarwickshire1974parished 2002
Royal Tunbridge WellsTunbridge Wells districtKent1974Abolished 1974, successor the Borough of Tunbridge Wells
City of Salisbury (New Sarum)Salisbury districtWiltshire1974parished 2009
SouthportSeftonMerseyside1974abolished c. 1975, successor the Borough of Sefton
TauntonTaunton Deane DistrictSomerset1974, re-established 2019abolished 1975, successor the Borough of Taunton Deane. Parished 1 April 2023 (Taunton Town Council)
Weston-super-MareWoodspring (now North Somerset)Avon1974parished 2000
WorkingtonAllerdaleCumbria1974parished 1982
YeovilYeovil 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.[21] 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.

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[22] [23]), Barrow,[4] Harrogate and Scarborough.[24]

External links

Sources

Notes and References

  1. House of Lords. 1972-09-22. 1494. 1496.
  2. S.I. 1974 No. 176
  3. Web site: The Charter Trustees Regulations 2009 . http://webarchive.nationalarchives.gov.uk/20100402154621/http://www.opsi.gov.uk/si/si2009/uksi_20090467_en_1 . dead . 2 April 2010 . 14 March 2009 . . 10 March 2009 .
  4. Web site: The Local Government (Structural Changes) (Supplementary Provision and Amendment) Order 2023 .
  5. Web site: 1996 . The Charter Trustees Regulations 1996 . 2009-02-28 . Office of Public Sector Information.
  6. http://www.legislation.gov.uk/uksi/2019/615/schedule/made The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019
  7. Web site: 2009 . The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009 . 2009-12-19 . Office of Public Sector Information.
  8. Web site: The North Yorkshire (Structural Changes) Order 2022 .
  9. Web site: Test Valley Mayors and District Council Chairmen since 1973 . 2009-02-28 . Test Valley Borough Council . 2008 . dead . https://web.archive.org/web/20110613220133/http://www.testvalley.gov.uk/Default.aspx?page=6395 . 2011-06-13 .
  10. Web site: The History of Mayoralty in Aylesbury . 2009-02-23 . Aylesbury town Council . dead . https://web.archive.org/web/20110717162004/http://www.aylesburytowncouncil.gov.uk/guide/Mayoralty%20In%20Aylesbury%20-%20History.pdf . 2011-07-17 .
  11. Web site: Banbury Town Council . 2009-02-28 . 2007 . dead . https://web.archive.org/web/20090312074251/http://banbury.gov.uk/index.asp . 2009-03-12 .
  12. Web site: Beverley Town Council . 2009-02-28 .
  13. Book: The Rother District Council (Reorganisation of Community Governance) (Bexhill-on-Sea) Order 2021 . 2021 . 16 February 2022 . 16 February 2022 . https://web.archive.org/web/20220216071049/https://s3-eu-west-2.amazonaws.com/lgbce/Resources/Local%20Government%20Orders/South%20East/East%20Sussex/The%20Rother%20District%20Council%20(Reorganisation%20of%20Community%20Governance)%20(Bexhill-on-Sea)%20Order%202021.pdf . dead .
  14. Web site: Burton-upon-Trent: Local government | British History Online.
  15. Web site: https://web.archive.org/web/20220320000302/https://s3-eu-west-2.amazonaws.com/lgbce/__data/assets/pdf_file/0018/17523/change-bulletin-1975-1978.pdf. Alteration of Status of Local Authorities 1975-1978. Local Government Boundary Commission for England. 20 March 2022. 2 June 2023. bot: unknown.
  16. Web site: Chippenham Mayors . 2009-02-28 . Chippenham Town Council . 2008 .
  17. Web site: https://web.archive.org/web/20220320002208/https://s3-eu-west-2.amazonaws.com/lgbce/__data/assets/pdf_file/0014/17510/alteration-of-areas-and-status-of-authorities-1982-1983.pdf. Alteration to Areas and Status of Local Authorities 1982-83. Local Government Boundary Commission for England. 20 March 2022. 2 June 2023. bot: unknown.
  18. Web site: https://web.archive.org/web/20220320000523/https://s3-eu-west-2.amazonaws.com/lgbce/__data/assets/pdf_file/0017/17513/bulletin84-85.pdf. Alteration of Status of Local Authorities 1984-1985. Local Government Boundary Commission for England. 20 March 2022. 2 June 2023. bot: unknown.
  19. Web site: The Charter Trustees (Hereford) Order 1998 . http://webarchive.nationalarchives.gov.uk/20050725230000/http://www.opsi.gov.uk/si/si1998/19980582.htm . dead . 2005-07-25 . 2009-12-19 . Office of Public Sector Information . 1998 .
  20. Web site: District of Thanet (Reorganisation of Community Governance) Order 2009 . 2009-12-19 . Thanet District Council . 2009 . dead . https://web.archive.org/web/20110716143145/http://www.thanet.gov.uk/docs/District%20of%20Thanet_Reorganisation%20of%20Community%20Governance.doc . 2011-07-16 .
  21. Web site: 2009 . The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009 . dead . http://webarchive.nationalarchives.gov.uk/20101218004758/http://www.opsi.gov.uk/si/si2009/draft/ukdsi_9780111475096_en_5 . 2010-12-18 . 2009-03-14 . Office of Public Sector Information.
  22. Web site: Gareth Cavanagh . 11 March 2022 . Lords and local authority move to placate Carlisle city status concerns . Cumberland News and Star.
  23. Web site: Gareth Cavanagh . 18 May 2022 . New Mayor of Carlisle will make sure he is not the last . Cumberland News and Star.
  24. Web site: The North Yorkshire (Structural Changes) Order 2022 - Schedule 2 . legislation.gov.uk.