London Government Act 1939 Explained

Short Title:London Government Act 1939
Type:act
Parliament:Parliament of the United Kingdom
Long Title:An Act to consolidate with amendments certain enactments relating to local government in London.
Year:1939
Citation:2 & 3 Geo. 6. c. 40
Introduced Lords:William Hare, 5th Earl of Listowel
Territorial Extent:England and Wales
Royal Assent:13 July 1939
Commencement:1 January 1940
Status:Repealed
Original Text:https://books.google.co.uk/books?id=O_HZzNTpXKoC
Legislation History:https://hansard.parliament.uk/search/Debates?searchTerm=LONDON%20GOVERNMENT%20BILL&startDate=01%2F01%2F1938%2000%3A00%3A00&endDate=01%2F01%2F1940%2000%3A00%3A00

The London Government Act 1939 (2 & 3 Geo. 6. c. 40) was an act of the Parliament of the United Kingdom that consolidated existing law relating to the administration of London.[1]

Background

Existing law on local government in London had grown considerably, leading to the desire to incorporate the whole of the existing law on local government in the London area.[2]

The act consolidated 105 statutes, repealing 15 in their entirety and 90 in part.

Passage

The London Government Bill had its first reading in the House of Lords on 7 February 1939,[3] introduced by William Hare, 5th Earl of Listowel and its second reading in the House of Lords on 28 February 1939.[4] The Bill was supported by Sir Herbert Jessel, 1st Baron Jessel, who argued for protections for the names of the City of Westminster and the Royal Borough of Kensington and Chelsea.

The Bill was referred to a Joint Committee of both Houses of Parliament on 28 February 1939, who took evidence, including from local authorities, and issued a report on 9 May 1939.[5]

The Bill had its third reading in the House of Lords on 27 June 1939,[6] first reading in the House of Commons on 28 June 1939,[7] second reading in the House of Commons of the United Kingdom on 6 July 1939,[8] and third reading in the House of Lords on 8 July 1939.[9]

The Bill received royal assent on 13 July 1939.[10]

Provisions

County council

Section 1 of the act designated London as an administrative county named The Administrative County of London", consisting of:

Section 2 of the act established the county council, consisting of the chairman, county aldermen and county councillors, as a body corporate named The London County Council.

Sections 3–4 of the act provided that the chairman of the county council be elected annually from among the county aldermen and county councillors as the first business at the annual meeting of the county council.

Sections 5–6 of the act provided for the appointment of the vice-chairman and deputy chairman of the council.

Sections 7–8 of the act provided that county aldermen, who must number one sixth of the number of county councillors, be elected by the county council every third year from among the county councillors at the annual meeting of the council, immediately after the election of the chairman.

Sections 9–16 of the act provided that county councillors serve for three years, with elections to be held between 1–8 March, dividing the county council into electoral divisions mapped to the existing parliamentary constituency boundaries, each with double the number of county councillors as it has Members of Parliament and separate elections of councillors.

Metropolitan borough councils

Section 17 of the act constituted a metropolitan borough council for each metropolitan borough, consisting of the mayor, aldermen and councillors, as a body corporate by the name:

Sections 18–19 of the act provided that the mayor of the borough council be elected annually from among the county aldermen and county councillors as the first business at the annual meeting of the council.

Section 20 of the act provided for the appointment of the deputy mayor of the borough council.

Sections 21–22 of the act provided that borough aldermen, who must number one sixth of the number of borough councillors, be elected by the county council every third year from among the borough councillors at the annual meeting of the council, immediately after the election of the mayor.

Sections 23–30 of the act provided that borough councillors serve for three years, with elections to be held on 1 November, dividing the borough council into wards with boundaries, number of councillors and apportionment of councillors fixed by the Secretary of State.

General provisions

Section 31 of the act provided qualifications for being elected and holding office, permitting local government electors for the area, freehold or leasehold owners within the area or those residing in the area for 12 months preceding the election to vote.

Section 32 of the act provided that there is no term limit for office and outgoing officers may be re-elected.

Section 33–35 of the act disqualified certain individuals for being elected and, including the bankrupt, those receiving poor relief, and coroners.

Committees

Section 59 of the act granted local authorities the power to appoint committees for any purpose.

Section 60 of the act required the county council and the borough councils to appoint a finance committee.

Section 62 of the act required the council council to appoint a mental hospitals committee for the purposes of the Lunacy and Mental Deficiency Treatment Acts 1890 to 1930 and the Mental Deficiency Acts 1913 to 1927.

Officers

Sections 70–75 of the act required the county council to appoint a clerk of the county council, a county treasurer, a county medical officer and a county surveyor, of suitable qualification and any other officers deemed necessary.

Sections 76–81 of the act required borough councils to appoint a town clerk, a borough treasurer, a borough surveyor, a borough medical officer and sanitary inspectors, of suitable qualification.

Sections 82–83 of the act allowed local authorities to appoint standing and temporary deputies, subject to some qualifications for medical and sanitary officers, of suitable qualification.

Land

Sections 97–105 of the act granted local authorities the power to acquire land by agreement or compulsorily, subject to notice and compensation.

Section 106 of the act granted local authorities the power to appropriate land.

Section 107–109 of the act granted local authorities the power to let, sell or exchange land.

Expenses

Section 116 of the act required the county council to prepare an annual budget.

Section 117 of the act granted the county council the power to issue precepts (council tax) to cover their liabilities.

Section 120 of the act granted borough councils the power to levy rates (tax) to cover their liabilities.

Borrowing

Section 124–145 of the act granted borough councils the power to borrow money to acquire land, erect buildings, conduct work or other authorised purposes.

Byelaws

Section 146–149 of the act granted local authorities the powers to make byelaws for good rule and government and suppression of nuisances with fines imposed against offenders.

Promotion of and opposition to bills in Parliament

Section 150 of the act granted the county council the power to promote a bill in Parliament for the improvement of the county, public benefit of inhabitants and the provision of parks, pleasure grounds, places of recreation and open spaces.

Section 151–152 of the act granted local authorities the power to promote or oppose bills in Parliament, for borough councils subject to the approval of local government electors.

Other provisions

Section 155 of the act allowed local authorities to provide and furnish halls, offices and other buildings for business purposes and public meetings and assemblies.

Section 156 of the act granted the county council the power to acquire buildings or places of historical or architectural interest.

Section 157 of the act granted the county council the power to acquire buildings for works of art, exhibitions, museums and antiquities.

Section 158 of the act granted borough councils the power to provide public clocks on any building in the borough.

Section 159 of the act allowed borough councils to admit honorary freemen on a list called the "freemen's roll".

Section 160 of the act granted local authorities the ability to enter into contracts to discharge their functions.

Section 161 of the act allowed local authorities to organise conferences of local authorities.

Section 161 of the act allowed the county council to make contributions to the funds or expenses of associations.

Section 171 of the act transferred all public books, writings and papers of parishes (with the exception of registers of baptisms, marriages and burials and other church-related documents) to the borough councils.

Section 175 of the act required borough councils to produce an annual report of its proceedings, including income and expenditure.

Section 176–178 of the act granted local authorities the power to prosecute, defend or appear at legal proceedings.

Section 189 of the act granted government departments the power to direct inquiries.

Section 190–196 of the act allowed the county council to give publicity to the amenities and advantages of the county, make expenses in connection with ceremonies or official visits, spend money on investigations, contribute to funds of hospitals, establish a fire insurance fund, purchase and store and supply goods to other authorities.

Repeals

The act consolidated existing law across 105 statutes, repealing 15 in their entirety and 90 in part.

Enactments ceasing to have effect!Citation!Title!Extent
9 Ann. c. 25Municipal Offices Act 1710Whole act, except so far as it relates to the City of London
57 Geo. 3. c. xxixMetropolitan Paving Act 1817Sections 51 and 96
7 Geo. 4. c. 63County Buildings Act 1826Whole act, except so far as it relates to assize courts, sessions houses and judges lodges
13 & 14 Vict. c. 101Poor Law Amendment Act 1850Section 6
18 & 19 Vict. c. 120Metropolis Management Act 1855Sections 57, 66, 139, 191, 202 and 235
24 & 25 Vict. c. 125Parochial Offices Act 1861Section 1
25 & 26 Vict. c. 102Metropolis Management Amendment Act 1862Sections 5–8, 13, 20, 23
35 & 36 Vict. c. 91Borough Funds Act 1872Section 10
36 & 37 Vict. c. 19Poor Allotments Management Act 1873Section 15
39 & 40 Vict. c. 61Divided Parishes and Poor Law Amendment Act 1876Sections 1–9
39 & 40 Vict. c. 42Sale of Exhausted Parish Lands Act 1876Whole act, except so far as it relates to the City of London
42 & 43 Vict. c. 54Poor Law Act 1879Sections 4–7
51 & 52 Vict. c. 41Local Government Act 1888Sections 4, 19, 54, 56 and 75 proviso (18) so far as it provides that the costs of election are not to exceed those allowed by Part I of the First Schedule to the Parliamentary Elections (Returning Officers) Act 1875, as amended by the Parliamentary Elections (Returning Officers) Act 1885 and proviso (19)
53 & 54 Vict. c. 5Lunacy Act 1890Sections 174, except so far as it relates to the City of London and 256, except so far as it relates to the City of London
62 & 63 Vict. c. 14London Government Act 1899Sections 8 and 9
17 & 18 Geo. 5. c. 14Poor Law Act 1927Section 8, subsection (2)
2 Geo. 5. & 1 Edw. 8. c. 50Public Health (London) Act 1936Section 57, so much of subsection (2) as requires the recommendation of a committee to the institution of legal proceedings
Enactments repealed!Citation!Title!Extent
22 Hen. 8. c. 5Bridges Act 1530Sections 3 (partial) and 6
9 Anne c. 25Municipal Offices Act 1710Whole act, except so far as it relates to the City of London
12 Geo. 2. c. 29County Rates Act 1738Sections 6 (partial), 7–9, 11 and 14 (partial)
43 Geo. 3. c. 59Bridges Act 1803Section 1 (partial)
55 Geo. 3. c. 51County Rates Act 1815Section 17
55 Geo. 3. c. 143Bridges Act 1815Sections 1 (partial) and 5 (partial)
57 Geo. 3. c. xxixMetropolitan Paving Act 1817Sections 45–51, 96 (partial), 97–108, 109 (partial), 110, 120, 124 and 129 (partial)
58 Geo. 3. c. 69Vestries Act 1818Section 6
59 Geo. 3. c. 12Poor Relief Act 1819Section 17
7 Geo. 4. c. 63County Buildings Act 1826Whole act, except so far as relates to assize courts, sessions houses and judges' lodgings
7 Will 4. & 1 Vict. c. 24County Buildings Act 1837Whole act, except so far as relates to assize courts, sessions houses and judges' lodgings
7 Will 4. & 1 Vict. c. 83Parliamentary Documents Deposit Act 1839Whole act
2 & 3 Vict. c. 84Poor Rate Act 1839Section 3
4 & 5 Vict. c. 38School Sites Act 1841Section 6 (partial)
7 & 8 Vict. c. 101Poor Law Amendment Act 1844Section 61
10 & 11 Vict. c. 28County Buildings Act 1847Whole act, except so far as relates to assize courts, sessions houses and judges' lodgings
13 & 14 Vict. c. 101Poor Law Amendment Act 1850Section 6
15 & 16 Vict. c. 85Burial Act 1852Sections 13–15, 16 (partial), 17, 19, 20, 24, 26 (partial), 28 and 31 (partial)
18 & 19 Vict. c. 120Metropolis Management Act 1855Sections 8–10, 28, 30, 57, 60–66, 92, 139, 140 (partial), 149, 151, 156, 183, 185–191, 201 (partial), 206 (partial), 207 (partial), 220, 222 (partial), 223 and 235. Schedules E and F
19 & 20 Vict. c. 112Metropolis Management Amendment Act 1856Sections 9 and 10
20 & 21 Vict. c. 81Burial Act 1857Sections 19–21
24 & 25 Vict. c. 125Parochial Offices Act 1861Whole act
25 & 26 Vict. c. 102Metropolis Management Amendment Act 1862Sections 5–8, 13, 19, 20, 23, 37, 39, 72 (partial), 90 (partial) and 114. Schedule C
26 & 27 Vict. c. 13Town Gardens Protection Act 1863Section 63
29 & 30 Vict. c. 122Metropolitan Commons Act 1866Section 26
33 & 34 Vict. c. 23Forfeiture Act 1870Section 2, so far as relates to membership of a local authority
35 & 36 Vict. c. 91Borough Funds Act 1872Whole act
36 & 37 Vict. c. 19Poor Allotments Management Act 1873Section 15
38 & 39 Vict. c. 17Explosives Act 1875Section 72 (partial)
39 & 40 Vict. c. 61Divided Parishes and Poor Law Amendment Act 1876Sections 1–9
39 & 40 Vict. c. 62Sale of Exhausted Parish Lands Act 1876Whole act, except so far as it relates to the City of London
39 & 40 Vict. c. 75Rivers Pollution Prevention Act 1876Section 14 (partial) and 15
42 & 43 Vict. c. 56Electric Lighting Act 1882Section 8 (partial). Entries in the 4th, 5th, 6th and 7th columns in the Schedule
46 & 47 Vict. c. 52Bankruptcy Act 1883Sections, 32, subsection (1), paragraph (d), except so far as relates to the City of London and paragraph (e). Section 34, except so far as relates to the City of London
48 & 49 Vict. c. 10Elections (Hours of Poll) Act 1885Whole act, except so far as it relates to parliamentary elections
48 & 49 Vict. c. 33Metropolis Management Amendment Act 1885Sections 7 and 8
51 & 52 Vict. c. 41Local Government Act 1888Sections 1, 2, 3 (partial), 4, 5, subsection (7), 10, 14, 40, subsections (1), (4) and (5), 41, subsection (6), 54, 57, 59, subsections (1) and (3) to (6), 60–62, 54, subsection (3) (partial), 75 (partial), 79, subsection (1) and (3) (partial), 80, 83 (partial), 87 (partial), 88, 92, subsection (1), 100 (partial), 118–120, 122 and 124
53 & 54 Vict. c. 71Bankruptcy Act 1890Section 9 (partial)
53 & 54 Vict. c. ccxliiiLondon Council (General Powers) Act 1890Section 23
54 & 55 Vict. c. 68County Council (Elections) Act 1891Whole act
55 & 56 Vict. c. 15Charity Inquiries (Expenses) Act 1892Section 1, subsection (2)
55 & 56 Vict. c. 45Military Lands Act 1892Sections 4 and 11, subsection (1), paragraphs (b) and (d)
55 & 56 Vict. c. 53Public Libraries Act 1892Sections 15 (partial) and 19 (partial)
56 & 57 Vict. c. 55Metropolis Management (Plumstead and Hackney) Act 1893Sections 3 (partial), 4–9 and 11–13
56 & 57 Vict. c. 73Local Government Act 1894Section 31, Part III, sections 46, 48, 68, 69, 72, 73, 80, 83 and 85–89
56 & 57 Vict. c. ccxxiLondon County Council (General Powers) Act 1893Sections 10–12 and 24. Schedule
57 & 58 Vict. c. 57Diseases of Animals Act 1894Sections 33 (partial) and 40, subsection (1), except so far as it relates to the City of London and subsection (2), paragraph (i)
58 & 59 Vict. c. 32Local Government (Stock Transfer) Act 1895Whole act
58 & 59 Vict. c. cxxviiLondon County Council (General Powers) Act 1895Section 44
61 & 62 Vict. c. ccxxiLondon County Council (General Powers) Act 1898Section 60
52 & 63 Vict. c. 14London Government Act 1899Sections 1–3, 4 (partial), 5, subsections (3) and (4), 6, subsections (5) and (6), 7–9, 10 (partial), 11 (partial), 15–18, 19, subsections (1) and (2), 20, 21, 24–27, 28, subsection (1), 32, subsection (4), 32 and 33. The First Schedule and Second Schedule, so much of Part II as relates to section 65 of the Local Government Act 1888
62 & 63 Vict. c. 44Small Dwellings Acquisition Act 1899Section 9 (partial)
63 & 64 Vict. c. 13County Councils (Elections) Amendment Act 1900Whole act
2 Edw. 7. c. 17Midwives Act 1902Section 15
3 Edw. 7. c. 9County Council (Bills in Parliament) Act 1903Whole act
3 Edw. 7. c. 14Borough Funds Act 1903Whole act
3 Edw. 7. c. 15Local Government (Transfer of Powers) Act 1903Whole act
3 Edw. 7. c. lxxxvooLondon County Council (General Powers) Act 1903Section 52 (partial)
6 Edw. 7. c. 25Open Spaces Act 1906Sections 17, paragraph (a) and (b) and 18 (partial)
6 Edw. 7. c. 33Local Authorities (Treasury Powers) Act 1906Section 1 (partial)
6 Edw. 7. c. clLondon County Council (General Powers) Act 1906Section 30
7 Edw. 7. c. 27Advertisements in Regulation Act 1907Sections 3, subsection (6), except so far as relates to the City of London and 4 (partial)
7 Edw. 7. c. 33Qualification of Women (County and Borough Councils) Act 1907Whole act
7 Edw. 7. c. clxxvLondon County Council (General Powers) Act 1907Section 3 (partial). Part VII
8 Edw. 7. c. 13Polling Districts (County Councils) Act 1908Whole act
9 Edw. 7. c. 34Electric Lighting Act 1909Section 21
10 Edw. 7. & 1 Geo 5. c. xxixLondon County Council (General Powers) Act 1910Section 45
2 & 3 Geo. 5. c. cvLondon County Council (Finance Consolidation) Act 1912Section 46
3 & 4 Geo. 5. c. 28Mental Deficiency Act 1913Section 38, subsection (3)
4 & 5 Geo. 5. c. 21County and Borough Councils (Qualification) Act 1914Whole act
5 & 6 Geo. 5. c. 64Notification of Births (Extension) Act 1915Section 2, subsection (2)
5 & 6 Geo. 5. c. ciiiLondon County Council (General Powers) Act 1915Section 60
6 & 7 Geo. 5. c. 43War Charities Act 1916Section 2 (partial)
7 & 8 Geo. 5. c. 64Representation of the People Act 1918Section 10. In the Sixth Schedule, paragraph (5)
9 & 10 Geo. 5. c. 59Land Settlement (Facilities) Act 1919Section 24 (partial)
11 & 12 Geo. 5. c. 51Education Act 1921Sections 4 (partial), 10 (partial), 145 and 157 (partial). In the First Schedule, Parts II and III
11 & 12 Geo. 5. c. 67Local Authorities (Financial Provisions) Act 1921Sections 3 (partial), 4 and 6, so far as relates to borough councils.
11 & 12 Geo. 5. c. lLondon County Council (General Powers) Act 1921Section 30
12 & 13 Geo. 5. c. 46Electricity (Supply) Act 1922Sections 2 (partial) and 5 (partial)
12 & 13 Geo. 5. c. 51Allotments Act 1922Section 18 (partial)
13 & 14 Geo. 5. c. 25Housing, &c. Act 1923Section 22, paragraph (f)
14 & 15 Geo. 5. c. lviiLondon County Council (General Powers) Act 1924Sections 4 (partial), 55 and 60
14 & 15 Geo. 5. c. lxLondon County Council (Money) Act 1924Section 6
15 & 16 Geo. 5. c. 11Borough Councillors (Alteration of Number) Act 1925Whole act
15 & 16 Geo. 5. c. 50Theatrical Employers Registration Act 1925Section 12 (partial)
16 & 17 Geo. 5. c. 59Coroners (Amendment) Act 1926Section 1 (partial)
16 & 17 Geo. 5. c. xcviiiLondon County Council (General Powers) Act 1926Sections 36 and 43
17 & 18 Geo. 5. c. 14Poor Law Act 1927Whole act so far as unrepealed
17 & 18 Geo. 5. c. 31Audit (Local Authorities) Act 1927Whole act
17 & 18 Geo. 5. c. xiiLondon County Council (General Powers) Act 1927Sections 57 and 62
18 & 19 Geo. 5. c. lxxviiLondon County Council (General Powers) Act 1928Section 31
19 & 20 Geo. 5. c. 17Local Government Act 1929Sections 9, 10, 48, 51, except so far as relates to the City of London, 64, 115 (partial) and 129 (partial). The Seventh Schedule, except so far as relates to the City of London
19 & 20 Geo. 5. c. lxxxviiLondon County Council (General Powers) Act 1929Sections 59, 61 and 62
20 & 21 Geo. 5. c. 17Poor Law Act 1930Sections 7, 10 (partial), 110, 114, 136 (partial), 140, 144, 155 and 160, subsections (2), (4), (5) and (7)
21 & 22 Geo. 5. c. lixLondon County Council (General Powers) Act 1931Section 49
22 & 23 Geo. 5. c. 48Town and Country Planning Act 1932Sections 38 (partial) and 50 (partial)
23 & 24 Geo. 5. c. 12Children and Young Persons Act 1933Sections 27, subsection (3), 96, subsection (5), paragraph (a) and 98 (subsection (2)
23 & 24 Geo. 5. c. xxviiLondon County Council (General Powers) Act 1933Sections 65 and 67, subsection (1)
24 & 25 Geo. 5. c. xlLondon County Council (General Powers) Act 1934Section 3 (partial). Parts IV, V and VI. Sections 62 and 76. The Schedule
25 & 26 Geo. 5. c. xxxiiiLondon County Council (General Powers) Act 1935Sections 62, 63 and 65
26 Geo. 5. & 1 Edw. 8. c. 49Public Health Act 1936Section 342, subsection (2), paragraph (ii)
26 Geo. 5. & 1 Edw. 8. c. 50Public Health (London) Act 1936Sections 7, 8, 9, subsections (1), (2), (3) and (6), 10–12, 57 (partial), 74, 96, subsection (5), 167, subsections (3) and (4), 168, subsection (1), 175, 176, 192, subsection (1) so far as it relates to membership of a local authority, 230, subsection (1), paragraph (a), 267, subsection (2), paragraph (a), 273, so far as it relates to borough councils, 275, subsection (1), paragraphs (b) and (c) so far as they relate to a local authority, 284, so far as it relates to a local authority, 287, subsection (2), 288, 290, subsection (1), 297, subsections (2) to (4), 300, subsection 91), so far as it relates to a local authority, 301, so far as it relates to a local authority, 303, so far as it relates to section 34 of the Public Health Act 1872. In the First Schedule, Part V. In the Second Schedule, so much of Part I as applies section 62, 139, 149 and 156 of the Metropolis Management Act 1855 and section 20 of the Metropolis Management Amendment Act 1862
26 Geo. 5. & 1 Edw. 8. c. 51Housing Act 1936Sections 8, subsection (5), 84, subsection (6), 117 (partial), 119, paragraph (c) and proviso (ii), 183, subsection (1), 185, except so far as it relates to the City of London and 186
26 Geo. 5. & 1 Edw. 8. c. lxLondon County Council (General Powers) Act 1936Sections 42, 44, 50 and 55
1 Edw. 8 & 1 Geo. 6. c. xciLondon County Council (General Powers) Act 1937Section 131
1 & 2 Geo. 6. c. 56Food and Drugs Act 1938Sections 17, subsection 94) so far as it relates to a local authority, 75 (partial) and 96, subsection (2), paragraph (b)

Notes and References

  1. Book: Britain, Great . Public General Statutes . 1939 . H.M. Stationery Office . 424–593 . en.
  2. London Government Bill. Parliament of the United Kingdom. House of Lords. 4 April 1939. 112. 586.
  3. London Government Bill. Parliament of the United Kingdom. House of Lords. 7 February 1939. 111. 677.
  4. London Government Bill. Parliament of the United Kingdom. House of Lords. 28 February 1939. 111. 991. 997.
  5. Book: The sessional papers, printed by order of the House of Lords, or presented by royal command, in the session ... V5 Select Committees Reports Miscellaneous 1938-1939. . 1939 . 5 . 439–546 . en . 19 September 2024.
  6. London Government Bill. Parliament of the United Kingdom. House of Lords. 27 June 1939. 113. 757.
  7. London Government Bill. Parliament of the United Kingdom. House of Commons. 28 June 1939. 349. 431.
  8. London Government Bill. Parliament of the United Kingdom. House of Commons. 6 July 1939. 349. 1682.
  9. London Government Bill. Parliament of the United Kingdom. House of Lords. 8 July 1939. 251. 1179. 1265.
  10. Book: Journals of the House of Commons v.194 yr.1938/1939 . 1939 . 344 . en . 19 September 2024.