Local government in the Isle of Man

Isle of Man

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Local government (Manx: gurneilys ynnydagh) in the Isle of Man was formerly based on 6 sheadings, which were divided into 17 parishes (today referred to as "ancient parishes"). The Island is today divided into town districts, village districts and parish districts for local government purposes as follows:

Contents

Sheadings

The Isle of Man is divided into six sheadings, Ayre, Glenfaba, Garff, Michael, Rushen and Middle, which are now only significant as:—

(The Coroners are responsible for process-serving and enforcement of judgments, not for holding inquests of death; that function is carried out by the High Bailiff, who is ex officio Coroner of Inquests.)

The origins of the term sheading are unclear. There are three main possibilities:

Parishes

The parishes have ecclesiastical roots, and are thought to have introduced to the island in the 11th century from Scotland, the bishopric having been established in the 10th century. Civil parishes also existed from at least the late 15th century, their boundaries diverging significantly in some cases, where one or more Treens might pay their ecclesiastical tithes to one parish, but their Lord's Rent to another.[1] Parish boundaries broadly followed physical features such as rivers and water-divides, but there were many detailed divergences. For example, a mill and its croft, located on the west bank of a river could be included in the adjoining parish east of the river by a loop in the boundary.

The parishes of each sheading of the Isle of Man are:

Reforms in the 18th, 19th and 20th centuries

Town districts

An Act of Tynwald of 1777[2] provided for the appointment of a High Bailiff for each of the 4 towns, Castletown, Douglas, "Peeltown" (Peel) and Ramsey, with various judicial and administrative responsibilities..

The Towns Act 1852[3] provided for the first elected local authorities in the Island, enabling a board of Town Commissioners to be elected for each of the 4 towns, with responsibility for street-cleaning, lighting and sewerage. However, the Act was not adopted by any of the towns,[4] and special Acts were passed establishing Commissioners for each town: Douglas 1860,[5] Ramsey 1865,[6] Castletown 1883[7] and Peel 1884.[8] The boundaries of the town districts have been extended over time to incorporate new developments.

In 1896, Douglas was incorporated as a municipal borough by the Douglas Municipal Corporation Act 1895,[9] which replaced the Town Commissioners with a municipal corporation named "The Mayor, Aldermen and Burgesses of the Borough of Douglas", acting through a borough council, consisting of a mayor, aldermen and councillors. In 1989[10] the office of alderman was abolished, leaving the council composed of the mayor and councillors. The 18 councillors are elected from 6 wards, each for a 4-year term expiring on 1 May 2012, 2016, and so on. The mayor is elected annually by the councillors, usually (but not necessarily) from their own number. Although there are no longer any aldermen, the corporation's legal title is unchanged. As its name implies, it is a body corporate, but the borough council is not.

Village districts

The Public Health Act 1884 [11] permitted the creation of elected sanitary authorities for sanitary districts. Port Erin was the only sanitary district so defined.

The Local Government Act 1886[12] provided for elected boards of Village Commissioners and the creation, by resolution of Tynwald, of new village districts. The existing sanitary authority of Port Erin became Commissioners, and Port St Mary was created a village district in 1890, Laxey and Onchan in 1895, and Michael in 1905.

In 1986 the existing village district and parish district of Onchan were merged to form a “local government district of Onchan” under a single body of Commissioners (but with a separate consultative “rural committee” representing the former parish district).[13] In 1989 similar provision (but without a rural committee) was made for the village district and parish district of Michael.[14] The new districts are village districts.

Parish districts

The Local Government Amendment Act 1894[15] created boards of Parish Commissioners for 17 parish districts, each of which comprised so much of the corresponding ancient parish as was not comprised in a town or village district. As noted above, Onchan and Michael parish districts have been amalgamated with the corresponding village districts.

Joint boards

In 1938 the Local Government Board was empowered[16] to create a board (commonly referred to as a combination authority) consisting of members of 2 or more local authorities to exercise specified functions of those authorities. Such an authority, now called a joint board,[17] is a body corporate, and its members are appointed from the members of the constituent local authorities (and in some cases representatives of the Department of Local Government and the Environment). Joint boards are created for a specified purpose, and existing boards deal with refuse collection, sheltered accommodation, civic amenity sites, and swimming pools. (Local authorities also have power[18] to set up joint committees, which are similar to joint boards but are not bodies corporate.)

Central supervision of local authorities

A Local Government Board was established in 1894 with responsibility for supervising the new local authorities.[19] It was reconstituted in 1922, 1946 (when it was renamed "Isle of Man Local Government Board"), 1952 and 1957.[20]

In 1987 the Board was dissolved and its functions transferred to a new Department of Local Government and the Environment, headed by a Minister for Local Government and the Environment.[21]

Local government reorganisation

The structure of local government in the Isle of Man has been recognised as unsatisfactory since before the Second World War, but no consensus on how it should be reformed has been achieved. Proposals for reform were made by the Local Government Board and various committees in 1934, 1949, 1963 and 1967.[22]

A Select Committee of Tynwald in 1985 recommended a thorough review,[23] and an interim report of a further Select Committee in 1986[24] led to a consultation document Time for Change containing proposals by the Department of Local Government and the Environment, issued in December 1991. Two interim reports[25] were succeeded in 1994 by a final report by the Department making recommendations for reorganisation, itself incorporated in a report by the Council of Ministers,[26] which however failed to endorse those recommendations.

No progress was made by 1999, when the Council of Ministers admitted that it had been unable to agree on proposals, and Tynwald set up a further Select Committee which reported in 2001 with a scheme to reduce the local authorities to 4.[27] However, it merely "received" the report, declining to approve its recommendations.[28]

The next set of proposals, also for 4 local authorities, were made by the Department of Local Government and the Environment in 2004,[29] but were shelved because of opposition from the existing authorities.[30] An alternative plan, which would have preserved the existing authorities but transferred their waste collection and housing functions to joint boards, was produced shortly afterwards but also abandoned. The Department revived its previous proposals in 2005,[31] but shelved them again for lack of support.[32]

After 30 years, the only step taken towards any reorganisation of local government, apart from the mergers in Onchan and Michael (above), has been to confer on the Department power by order to merge 2 or more local authorities with their consent.[33] The power has not been exercised.

Local government today

Map № Local Authority Type Sheading Keys Constituency
1 Andreas parish Ayre Ayre
2 Arbory parish Rushen Rushen
3 Ballaugh parish Michael Michael
4 Braddan parish Middle Middle
5 Bride parish Ayre Ayre
6 Castletown town Rushen Castletown
7 Douglas town Middle Douglas East, Douglas West, Douglas North and Douglas South
8 German parish Glenfaba Glenfaba
9 Jurby parish Michael Michael
10 Laxey village Garff Garff
11 Lezayre parish Ayre Ayre
12 Lonan parish Garff Garff
13 Malew parish Rushen Malew and Santon
14 Marown parish Middle Middle
15 Maughold parish Garff Garff
16 Michael district Michael Michael
17 Onchan district Middle Onchan
18 Patrick parish Glenfaba Glenfaba
19 Peel town Glenfaba Peel
20 Port Erin village Rushen Rushen
21 Port St Mary village Rushen Rushen
22 Ramsey town Garff Ramsey
23 Rushen parish Rushen Rushen
24 Santon parish Middle Malew and Santon

References

  1. ^ James Woods, 1867 A New Atlas and Gazetteer of the Isle of Man
  2. ^ Statutes of the Isle of Man vol.I p.327
  3. ^ Statutes of the Isle of Man vol.II p.297
  4. ^ See recital to Douglas Act of 1860, below
  5. ^ Statutes of the Isle of Man vol.III p.1
  6. ^ ib. vol.III p.196
  7. ^ ib. vol.III p.267
  8. ^ ib. vol.III p.286
  9. ^ Statutes of the Isle of Man vol.VII p.27
  10. ^ Douglas Corporation Act 1988 s.2, Statutes of the Isle of Man 1988 c.14
  11. ^ Public Health Act 1884 s.5, Statutes of the Isle of Man vol.V p.374
  12. ^ Local Government Act 1886 ss.6 & 7, ‘'Statutes of the Isle of Man vol.V p.512
  13. ^ Onchan District Act 1986, ‘’Statutes of the Isle of Man’’ 1986 c.8
  14. ^ Michael District Act 1989, ib. 1989 c.97
  15. ^ Statutes of the Isle of Man vol.VI p.562
  16. ^ Local Government (No.4) Act 1938, Statutes of the Isle of Man vol.XV p.116
  17. ^ Local Government Act 1985 s.7, ib. 1985 c.24. See also Recreation and Leisure Act 1998 s.7, ib. 1998 c.1
  18. ^ Local Government Act 1985 s.18
  19. ^ Local Government Amendment Act 1894 s.5, Statutes of the Isle of Man vol.VI p.562
  20. ^ Local Government Amendment Act 1922, ib. vol.XI p.339; Isle of Man Local Government Board Act 1946, ib. vol.XVI p,322; Boards of Tynwald Act 1952, ib. vol.XVIII p,147; Boards of Tynwald Act 1957, ib. vol.XVIII p,909
  21. ^ Department of Local Government and the Environment Order 1986 (Government Circular 192/86)
  22. ^ Local Government: A Time for Change (consultation document), Appendix 1; Department of Local Government and the Environment, December 1991
  23. ^ Report of Select Committee of Tynwald on the Rating of Domestic Property, September 1985
  24. ^ Interim Report of Select Committee of Tynwald on the Structure of Local Government, May 1986
  25. ^ Time for Change: Interim Report, Department of Local Government and the Environment, November 1992; Time for Change: Second Interim Report, Department of Local Government and the Environment, July 1993
  26. ^ Time for Change: Final Report: The Restructuring of Local Government in the Isle of Man, Department of Local Government and the Environment, February 1994, appended to The Structure of Local Government in the Isle of Man: A Report by the Council of Ministers, February 1994
  27. ^ Report of Select Committee of Tynwald on Local Government Reform, September 2001
  28. ^ Tynwald Votes and Proceedings 17 Oct 2001
  29. ^ Report of the Department of Local Government and the Environment on the Effectiveness of the present Local Government Structure in the Island and the Department's Supervisory Powers, November 2004
  30. ^ Motion for approval not moved: Tynwald Votes and Proceedings 14 Dec 2004
  31. ^ Report on Further Consultation on the Structure of Local Government, Department of Local Government and the Environment, June 2005
  32. ^ Motion for approval not moved: Tynwald Votes and Proceedings 21 Jun 2005
  33. ^ Local Government Act 1985 s.6A, inserted by Local Government Act 2006 s.5: Statutes of the Isle of Man 1985 c.24, 2006 c.18