Local Government Act 1958

The Local Government Act 1958

Long title An Act to make further provision, as respects England and Wales, with respect to grants to local or police authorities, with respect to the rating of industrial and freight-transport hereditaments and of transport, electricity and gas authorities, with respect to the making of changes in the area, name, status and functions of local authorities, and with respect to local government finance and elections; to amend the law in England and Wales and in Northern Ireland as to the making by trustees of loans to local and other authorities; and for purposes connected with the matters aforesaid.
Citation 6 & 7 Eliz.2 c.55
Introduced by Henry Brooke
Territorial extent England and Wales
Dates
Royal assent 23 July 1958
Other legislation
Repealed by Local Government Act 1972
Status: Repealed
Text of the Local Government Act 1958 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

The Local Government Act 1958 (6 & 7 Eliz.2 c.55) was an Act of the Parliament of the United Kingdom affecting local government in England and Wales outside London. Among its provisions it included the establishment of Local Government Commissions to review the areas and functions of local authorities, and introduced new procedures for carrying these into action.

White papers

The Act originated in three government white papers.

The first of these, Local government - areas and status of local authorities in England and Wales, was published on 31 July 1956 (Cmnd. 9831). Rather than completely reforming the local government system, it proposed a partial overhaul of the existing system. Two local government commissions, one for England and one for Wales, were to be established to carry out reviews under these guidelines. The commissions were to have powers to:

The County of London was to be excluded from the reviews.[1]

The Association of Municipal Authorities, which represented 432 boroughs in England and Wales gave its considered response to the paper in December. They pointed out that there were "unhappy relationships" between many county councils and boroughs in their area, with the inconsistent delegation of powers by the counties to the boroughs. The Association wished for these powers to be conferred by legislation instead of delegated.

They also wanted any future reviews of county districts to be conducted by the commissions and not by county councils. They also stated their view that the population requirement for new county boroughs should be based on projected rather than present population. They also suggested that where rural parishes were included in an extended borough, the parish council should continue to exist, and that it should be possible to create parish councils within existing urban areas. The Association also recommended that additional powers be devolved from the county to the boroughs in Middlesex.[2]

The second white paper Local government - functions of county councils and county district councils was published on 2 May 1957 (Cmnd. 161). The document proposed giving additional powers to larger non-county boroughs and urban districts. Such towns, if they had a population of 60,000 would be entitled to assume responsibility for a number of county-level functions among which were education, welfare and health services, libraries, classified roads, bridges, licensing of cinemas and theatres if they so wished. County councils would also be permitted to delegate these powers to smaller county districts. Rural districts with less than 6,000 inhabitants would not be eligible to gain delegated powers, and those already exercising them would lose them.[3]

The third white paper, Local Government Finance (England and Wales) (Cmnd. 207) was published on 10 July 1957. The rating system was to be reformed with industry and freight to pay 50% instead of 25% rates. Nationalised industries were also to be brought into the rating system. It was anticipated that the measures would produce thirty million pounds per year. This would allow the government to reduce grants to local authorities. A general grant would be payable to county and county borough councils according to population and a number of other factors, the amount of which would be fixed for a number of years. Rate deficiency grants (renamed from equalisation grants) were to make up any shortfall in rate product to qualifying councils.[4]

Progress through parliament

The opposition Labour Party and education groups opposed the general or block grant on the basis that it would lead to cut-backs in educational expenditure.[5] However, attempts to overturn the policy were defeated. James MacColl, the Labour MP for Widnes, introduced an unsuccessful amendment for the establishment of a local income tax.

Outside of parliament, the Cinque Ports voiced their opposition to the Bill, in particular the amalgamation or reduction in status of smaller boroughs in the confederation.[6]

On 6 May 1958 a group of fourteen Conservative MPs representing coastal resorts revolted against the Government. They sought a change in the rating formula, so that resort towns would be reckoned as having fifty percent more than their resident winter population. This was so that they could provide services to the much larger number of inhabitants in the Summer. The amendment was lost, with only the opposition member for Lowestoft voting with the "rebels".[7]

The Act

Special review areas

The five special review areas consisted of major conurbations outside London: Tyneside, West Yorkshire, South East Lancashire, Merseyside and the West Midlands. A full review was only carried out in the West Midlands when much of the review area was incorporated into five large county boroughs. Later legislation was to reform local government areas and services in these areas. Several police forces in the review areas were combined under the Police Act 1964, the Transport Act 1968 created transport authorities for four of the areas and all of the review areas were eventually to form the nucleus of metropolitan counties in 1974 under the Local Government Act 1972.

The Commission requested in 1963 that the Merseyside and Selnec special review areas be extended such that they touched in the middle, thus including Warrington, St Helens and Wigan. The then government delayed a decision on the issue: new local government Minister Tony Crosland decided in April 1965 to allow modest expansions.[9]

Tyneside

These areas (except part of Whitley Bay) were all eventually included in the larger metropolitan county of Tyne and Wear (which also included the Sunderland area on Wearside) in 1974.

West Yorkshire

In 1974 this area formed the core of the metropolitan county of West Yorkshire, which also included some outlying rural areas and towns.

South East Lancashire

The review area was later extended by the South East Lancashire Review Area Order 1965 to include:

Despite the review area's name, much of it was in Cheshire. This was reflected in the area being referred to in later reviews as "South East Lancashire and North East Cheshire" or SELNEC. Although no local government reforms were made under the 1958 Act, a SELNEC passenger transport authority was formed in 1969. A metropolitan county of Greater Manchester was formed in 1974 for a similar area to the SRA, although it excluded Alderley Edge, Disley and Wilmslow, and added Wigan.

Merseyside

The area was extended by the Merseyside Special Review Area Order 1965 to include:

In 1974 a metropolitan county of Merseyside was formed which had a different area than the 1958 Act SRA. While excluding Ellesmere Port and Neston, which remained in Cheshire, the 1974 boundaries included much more of Lancashire, including Formby, St Helens and Southport.

West Midlands

In 1964 Solihull, with altered boundaries, became a county borough. In 1966 an order altering local government in much of the "Black Country" part of the SRA came into effect creating five large county boroughs of Dudley, Walsall, Warley, West Bromwich and Wolverhampton, which were also to share a police force, the West Midlands Constabulary. A West Midlands passenger transport authority, including Birmingham, was formed in 1969. In 1974 a larger metropolitan county was formed, including Coventry and the intervening countryside.

Metropolitan area (Greater London)

The 1958 Act did not extend to the Greater London Conurbation (as defined by the Registrar General) where reform of local government was under consideration by the Royal Commission under Sir Edwin Herbert established in the previous year. The area excluded was defined in schedule 5 as:

The commission delivered its report in 1960, and a much modified version of its proposals (excluding outlying districts) was enacted as the London Government Act 1963.

Rural boroughs

A weakness in the county reviews carried out under the earlier Local Government Act 1929 had been that, unlike small urban districts, municipal boroughs of a similar size could not be amalgamated into a surrounding rural district. This was addressed in the 1958 Act, which gave the reviewing county council or local government commission the power to include a non-county borough in a rural district. However, some of the civic dignities of the borough corporation would be retained. The boroughs thus effected would be known as "boroughs included in rural districts", or as rural boroughs.

The concept of rural boroughs had originally been announced by Henry Brooke, Minister of Housing and Local Government in the House of Commons on 29 July 1957 when he said he was considering that in future rural districts could include "what might be called a rural borough or country borough with the mayoralty and corporate existence continuing so that the burgesses could go on enjoying the traditions and the corporate property which their predecessors had handed down".[12]

Rural boroughs were no longer to be governed by the Municipal Corporations Act 1882, and the corporation was to consist entirely of elected councillors, from whose number a mayor and deputy mayor were to be chosen annually. The office of alderman was not to exist in rural boroughs. The council of a rural borough was required to continue to appoint a town clerk, and was permitted to employ such officers and servants as needed to discharge the functions of the borough. All provisions of the borough's charter not inconsistent with its new status were to remain in effect. Rural boroughs were prevented from applying for a new or amended charter, however. If the borough corporation so chose it could surrender its charter, and the borough would be converted into a civil parish governed by a parish council.

Seven rural boroughs were created:

Rural boroughs were abolished in 1974 under the Local Government Act 1972, and converted to civil parishes.

Reviews carried out under the Act

Apart from the West Midlands review mentioned above, there were few large-scale changes brought about by the 1958 Act:

No changes were made in Wales.

Major changes in Greater London that occurred in 1965 were carried out under the London Government Act 1963.

End of the review process

The Local Government (Termination of Reviews) Act 1967 brought an end to the review process established by the 1958 Act.

The 1967 Act dissolved the two local government commissions, and ended the duty of county councils to review council areas. No report, proposals or notification made by the commissions or councils was to be carried into effect, if submitted after the beginning of 1963 by the Welsh commission, 10 February 1966 in the case of the English commission and 31 August 1966 by the county councils.

In the meantime, a Royal Commission on Local Government, (usually known as the Redcliffe-Maud Commission) had been appointed on 31 May 1966 to "consider the structure of Local Government in England, outside Greater London... and to make recommendations for authorities and boundaries, and for functions and their division....[13] The work of the Royal Commission led to a fundamental reorganisation of local councils in 1974 by the Local Government Act 1972.

Sources

References

  1. ↑ Local authority overhaul - two commissions, The Times, 1 August 1956
  2. ↑ Overhaul of local authorities - Boroughs reserving final decision, The Times, 24 December 1956
  3. ↑ Wider powers for county district councils, The Times, 3 May 1957
  4. ↑ Councils given freedom in grants system, The Times, 11 July 1957
  5. ↑ Labour amendment on block grants, The Times, 28 January 1958
  6. ↑ Cinque Ports ready to face raiders from Whitehall, The Times, 15 February 1958
  7. ↑ Conservative "rebels" on councils bill, The Times, 8 May 1958
  8. ↑ The London Gazette of 20 February 1959, p. 1241.
  9. ↑ Wood, Bruce. The Process of Local Government Reform 1966-74.
  10. ↑ S.I. 1965 No. 906
  11. ↑ S.I. 1965 No. 905
  12. ↑ Local government structure, The Times, 30 July 1957
  13. ↑ London Gazette, Issue No.44014, 7 June 1966
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