Urban District

Urban District in United Kingdom

History

The municipal borough and the Borough Council

A municipal borough is a place which has been incorporated by royal charter. In the year 1835 the Municipal Corporations Act was passed, which made provision for the constitution and government of certain boroughs which were enumerated in a schedule. That act was from time to time amended, until in 1882 by an act of that year the whole of the earlier acts were repealed and consolidated. For more information about the Borough Council, click here.

Constitution of district councils

The whole of England and Wales is divided into districts, which are either urban or rural. Urban districts include boroughs and places which were formerly under the jurisdiction of local boards or improvement commissioners. The power to constitute new urban districts is now conferred upon county councils, as already stated. There is a concurrent power in the Local Government Board under the Public Health Act 1875, but that power is now rarely exercised, and new urban districts are in practice created only by orders of county councils made under the Local Government Act 1888, section 57. Rural districts were first created in 1872.

Nuisances

The Public Health Acts 1875 to 1907 contain elaborate provisions for dealing with nuisances. For informaction about nuisances, click here.

Infectious diseases

The Public Health Acts contain important provisions relating to infectious disease. Any person who knows he is suffering from an infectious disease must not carry on any trade or business unless he can do so without risk of spreading the disease. For informaction about Infectious diseases, click here.

Mortuaries

District councils may, and if required by the Local Government Board, must provide mortuaries, and they may make by-laws with respect to the management and charges for the use of the same. Where the body of a person who has died of an infectious disease is retained in a room where persons live or sleep, or the retention of any dead body may endanger health, any justice on the certificate of a medical practitioner may order the removal of a body to a mortuary and direct the body to be buried within a time limited by the friends of the deceased or in their default by the relieving officer. A district council may also provide and maintain a proper place (otherwise than at a workhouse or at a mortuary) for the reception of dead bodies during the time required to conduct any post mortem examination ordered by a coroner.

Cemeteries

Under an act of 1879 the district council have power to provide and maintain a cemetery either within or without their district, and they may purchase or accept a donation of land for that purpose. The provisions of the Cemeteries Clauses Act 1847 apply to a cemetery thus provided. These cannot all be referred to here, but it may be noted that no part of the cemetery need be consecrated, but that if any part is, such part is to be defined by suitable marks, and a chapel in connexion with the Established Church must be erected in it. A chaplain must also be appointed to officiate at burials in the consecrated portion. The power to provide a cemetery under the act under consideration must not be confounded with that of providing a burial ground under the Burial Acts. These acts will be mentioned later in connexion with the powers of parish councils, for in general they are adopted for a parish, part of a parish or combination of parishes, and are administered by a burial board, except where that body has been superseded by a parish council or joint committee.

It may be mentioned, however, that under the Local Government Act 1894, where a burial board district is wholly in an urban district, the urban council may resolve that the powers, duties and liabilities of the burial board shall be transferred to the council, and thereupon the burial board may cease to exist. And it is provided by the same act that the Burial Acts shall not hereafter be adopted in any urban parish without the approval of the urban council. The distinction between a burial ground provided under the Burial Acts and a cemetery provided under the act of 1879 is important in many ways, of which one only need be mentioned here—the expenses under the Burial Acts are paid out of the poor rate, while the expenses under the act of 1879 are paid in an urban district out of the general district rate, the incidence of which differs materially from that of the poor rate, as will be seen hereafter.

Highways

In an urban district the urban council have always had all the powers and duties of a surveyor of highways under the Highway Acts. But before 1894 a rural district council had no power or duty in respect of highways except in a few cases where, by virtue of a provision in the Highway Act 1878, the rural sanitary authority of a district coincident in area with a highway district were empowered to exercise all the powers of a a highway board. Except in these cases the highway authority in a parish was the surveyor of highways, elected annually by the inhabitants in vestry, or in a highway district consisting of a number of parishes united by order of quarter sessions, the highway board composed of waywardens representing the several parishes.

By the Local Government Act 1894, there were transferred to the district council of every rural district all the powers, duties and liabilities of every highway authority, surveyor or highway board within their district, and the former highway authorities ceased to exist. The highway authority in every district, rural as well as urban, is therefore the district council. Of the chief duties of a district council with regard to highways, the first and most obvious is the duty to repair. This duty was formerly enforceable by indictment of the inhabitants of the parish, but it is not quite clear whether this procedure is applicable, now that the liability to repair is transferred to a council representing a wider area. Under the Highway Acts it is enforceable by summary proceedings before justices and by orders of the county council, but in either case, if the liability to repair is disputed, that question has to be decided on indictment preferred against the highway authority alleged to be in default.

In a rural district any parish council may complain to the county council that the district council have made default in keeping any highway in repair, and the county council may thereupon transfer to themselves and execute the powers of the district council at the cost of the latter body, or they may make an order requiring the district council to perform their duty, or they may appoint some person to do so at the cost of the district council. It is important to observe, however, that an action does not lie against a district council in respect of the failure to repair a highway even at the suit of a person who has thereby been injured. The reason assigned for this doctrine is that the council as highway surveyor stand in the same position as the inhabitants of the parish, against whom such an action would not lie. The district council are, however, liable for any injury caused through negligence on the part of their officers or servants in carrying out the work of repair.

Streets

But while rural as well as urban district councils have the powers and duties of surveyors of highways, the provisions of the Public Health Acts relating to streets apply only in urban districts, except in so far as the Local Government Board may by order have conferred urban powers upon a rural district council. These provisions have now to be referred to in the entry about streets.

Public parks

An urban council may acquire and maintain lands for the purpose of being used as public walks or pleasure-grounds, and may support or contribute to the support of such walks or grounds if provided by any other person. They may also contribute to the cost of laying out, planting or improvement of lands provided for this purpose by any person, in their own district or outside that district, if it appears that the walks or grounds could eventually be used by the inhabitants of that district. An urban council may also provide public clocks or pay for the reasonable cost of repairing and maintaining any public clocks in the district, though not vested in them.

Markets and slaughter-houses

Where an urban council are the council of a borough, and in other cases with the consent of the owners and ratepayers of the district, they may provide market accommodation for their district. They may not, however, establish any market so as to interfere with any market already established in the district under a franchise or charter. For purposes of markets certain provisions of the Markets and Fairs Clauses Act 1847 are incorporated with the Public Health Act. The only one of these that need be noticed is that which provides that after the market is opened for public use every person, other than a licensed hawker, who shall sell or expose for sale in any place within the district, except in his own dwelling-place or shop, any articles in respect of which tolls are authorized to be taken shall be liable to a penalty.

The tolls which may be taken by an urban council must be approved by the Local Government Board; and any by-laws which they make for the regulation of the market must be confirmed by the same body. An urban council may also provide slaughter-houses and make by-laws with respect to the management and charges for the use of them. Where they do not provide slaughter-houses, all previously existing slaughter-houses have to be registered and new ones licensed; and no person may lawfully use a slaughter-house which is not either registered or licensed. Licences may be suspended by justices in the event of their being used contrary to the provisions of the act or of the by-laws, and on a second conviction the licence may be revoked. On a conviction of selling or exposing for sale, or having in his possession or on his premises unsound meat, the court may also revoke the licence.

Hackney carriages and other

Certain police regulations contained in the Town Police Clauses Act 1847 are by virtue of the Public Health Act 1875 in force in all urban districts. These relate to obstructions and nuisances in streets, fires, places of public resort, hackney carriages and public bathing. An urban council may also license proprietors, drivers and conductors of horses, ponies, mules or asses standing for hiring in the district in the same way as in the case of hackney carriages, and they may also license pleasure boats and vessels, and the boatmen or persons in charge thereof, and they may make by-laws for all these purposes.

Contracts, purchase of lands

Every district council may enter into such contracts as are necessary for carrying into execution the various purposes of the Public Health Acts. A district council being a corporation, the general law applies in the case of a rural council that they must contract under their common seal, the exception to this rule including the doing of acts very frequently recurring or too insignificant to be worth the trouble of affixing the common seal.

In the case of an urban council certain stringent regulations are laid down. A contract made by an urban council, whereof the value and amount exceed £50, must be under seal, and certain other formalities must be observed, some of which are imperative; for example, the taking of sureties from the contractor, and the making provision for penalties to be paid by him in case the terms of the contract are not observed. Every local authority may also, for purposes of the act, purchase or take on lease, sell or exchange, any lands. Such lands as are not required for the purpose for which they were purchased must, unless the Local Government Board otherwise direct, be sold. Powers of compulsory purchase of lands are also given under the Lands Clauses Acts, but before these can be put in operation certain conditions must be observed. The Local Government Board must make inquiry into the propriety of allowing the lands to be taken, and the power to acquire the lands compulsorily can only be conferred by means of a provisional order confirmed by parliament.

By-laws

With regard to the by-laws which district councils may make for many purposes, the subjects of which have been already from time to time mentioned, it is only necessary to state that these require to be confirmed by the Local Government Board. Such confirmation does not, however, give validity to a by-law which cannot be justified by the provisions of the act, and many by-laws which have been so confirmed have been held to be invalid under the general law as being uncertain, unreasonable or repugnant to the law of the realm. For the guidance of local authorities, the Local Government Board have from time to time issued model series of by-laws dealing with the various subjects for which by-laws may be made, and these are for the most part followed throughout England and Wales.

Finance

As a general rule, all the expenses of carrying into execution the Public Health Acts in an urban district fall upon a fund which is called the general district fund, and that fund is provided by means of a rate called the general district rate. To this there are some exceptions. For information about this issue, including audit, please click here.

Proceedings against district councils

The Public Authorities Protection Act 1893 was passed to repeal the numerous provisions contained in many acts of parliament, whereby, before legal proceedings could be taken against a public body, notice of action had to be given and the proceedings commenced within a certain limited time. The act applies to all public authorities, including, of course, district councils, and it provides in effect that where any action or legal proceeding is taken against a council for any act done in pursuance or execution, or intended execution, of an act of parliament, or of any public duty or authority, the action must be commenced within six months next after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within six months next after the ceasing thereof. And it provides further that, in the event of the judgment of the court being given in favour of the council, the council shall be entitled to recover their costs taxed as between solicitor and client. Notice of action is abolished in every case.

Housing of the working classes

Among other acts which are either incorporated with the Public Health Acts or have been passed subsequently to them, one of the most important is the Housing of the Working Classes Act 1890. It contains three distinct parts. Under the first an urban district council may, by means of a scheme, acquire, rearrange and reconstruct an area which has been proved to be insanitary. The scheme has to be confirmed by the Local Government Board, and carried out by means of a provisional order. The second part of the act deals with unhealthy dwelling-houses, and requires the urban district council to take steps for the closing of any dwelling-houses within their district which are unfit for human habitation. The third part of the act deals with what is called in the act working-class lodging-houses. But the expression is a little misleading, for it includes separate houses or cottages for the working classes, whether containing one or several tenements, and the expression “cottage” may include a garden of not more than half an acre, provided that the estimated annual value of such garden shall not exceed £3. This part of the act may be adopted by a rural district council, but an urban district council can carry it into execution without formal adoption. Land may be acquired for erecting lodging-houses as above defined, and these, when erected, may be managed and let by the council.

Baths and wash-houses

The urban district council may adopt the provisions of the Baths and Washhouses Acts, and thereunder provide public baths, wash-houses, open bathing-places, covered swimming baths, which they may close in the winter months and use as gymnasia.

Tramways

Under the Tramways Act 1870 the urban district council may obtain from the Board of Trade a provisional order authorizing the construction of tramways in their district by themselves. Any private persons, and any corporation or company may, with the consent of the council, obtain the like authority, but the Board of Trade have power in certain cases to dispense with the consent of the local authority. Where the order is obtained by a person or body other than the district council, the council may purchase the undertaking at the end of twenty-one years after the tramways have been constructed or at the expiration of every subsequent period of seven years, and the terms of purchase are that the person or company must sell the undertaking upon payment of the then value, exclusive of any allowance for past or future profits of the undertaking, or any compensation for compulsory sale or other consideration whatsoever of the tramway, and all lands, buildings, works, materials and plant suitable to and used for the purposes of the undertaking. It should be observed, however, that although the local authority may themselves construct, and may acquire from the original promoters a system of tramways, they may not themselves work them without special authority of the legislature, and must in general let the working of the undertaking to some person or company.

Bills in Parliament and legal proceedings

Under the Borough Funds Act 1872 the urban district council may, if in their judgment it is expedient, promote or oppose any local and personal bill or bills in parliament, or may prosecute or defend any legal proceedings necessary for the promotion or protection of the interests of the district, and may charge the costs incurred in so doing to the rates under their control. The power to incur parliamentary costs, however, is subject to several important restrictions. The resolution to promote or oppose the bill must in the first instance have been carried by an absolute majority of the whole number of the council at a meeting convened by special notice, and afterwards confirmed by the like majority. The resolution must have been published in newspapers circulated in the district, and must have received the consent of the Local Government Board or of a secretary of state, if the matter is one within his jurisdiction; and further, the expenses must not be incurred unless the promotion or opposition has been assented to by the owners and ratepayers of the district assembled at a meeting convened for the purpose of considering the matter, and if necessary, signified by a poll. Moreover, the expenses must, before they can be charged to the rates, be examined and allowed by some person authorized by a secretary of state or the Local Government Board, as the case may be.

Under the Pawnbrokers Act 1872 the licences to pawnbrokers, which were formerly granted by justices, are now granted by district councils.

Adulteration

Under the Sale of Food and Drugs Acts certain important duties devolve upon medical officers and inspectors of nuisances who are officers of district councils. But for the most part the acts do not impose upon district councils themselves any special powers or duties, although, as a matter of fact, prosecutions for offences are usually undertaken by the district councils, and the expenses of the execution of the acts are paid out of their funds. In quarter sessions boroughs, however, where the council have the duty of appointing a public analyst, they are under an obligation to put the acts in force from time to time, as occasion may arise. The acts themselves must be consulted for the procedure, beginning with the taking of samples and ending with the conviction of an offender.

Rivers pollution

The powers and duties of a district council under the Rivers Pollution Prevention Act 1876 have been incidentally noticed when dealing with county councils, whose powers under the acts are precisely the same.

Electric lighting

Under the Electric Lighting Acts the Board of Trade may license any district council to supply electricity, or may grant to them a provisional order for the same purpose. A similar licence or order may be granted to a private person or company to supply electricity within the district of a district council, but in that case the consent of the district council must be given, unless the Board of Trade, for special reasons, dispense with such consent. These licences are now rarely applied for or granted, and the provisions which were formerly contained in the provisional orders have now been consolidated by the Electric Lighting Clauses Act 1899, the effect of which will be to make provisional orders uniform for the future. It is now almost the exception, at least in urban districts, to find a district council which has not obtained a provisional order under these acts, and for the most part the undertakings of local authorities in the way of supplying electricity have been very prosperous.

Allotments

Under the Allotment Acts district councils were empowered to provide allotments for the labouring population of their district, if they were satisfied that there was a demand for allotments, that these could not be obtained at a reasonable rent by voluntary arrangement, and that the land could be let at such a price as would not involve a loss to the council. The district council might acquire land, let it and regulate it, and they might provide common pasture. These powers were, by an act of 1907, transferred to parish councils. For more information about allotments, click here.

Public libraries

The urban district council execute the Public Libraries Acts for their district, and the rate for the expenses of the acts, which may not exceed 1d. in the £, is in a borough in the nature of a borough rate, and in any other urban district in the nature of a general district rate. Under the acts not only public libraries, but also public museums, schools for science, art galleries and schools for art, with the necessary buildings, furniture, fittings and conveniences, may be provided for the inhabitants of the district. Land may be acquired, and money borrowed, for the purposes of the acts.

A great number of other statutes confer powers or impose duties upon district councils, such as the acts relating to town gardens, agricultural gangs, fairs, petroleum, infant life protection, commons, open spaces, canal boats, factories and workshops, margarine, sale of horse-flesh and shop hours.

The parish and the parish council

Before the passing of the Local Government Act 1894 there was really nothing in the form of local government for a parish. It is true that the inhabitants in vestry had certain powers. They could adopt various acts, which will be more particularly referred to hereafter, and they could appoint the persons who were to carry these acts into execution. For more information about the parish and the parish council, including finance and libraries, click here.

General observations

The foregoing is a sketch of the scheme of local government carried out in England and Wales. No attempt has been made to deal (here) with poor law or education (see here). The local administration of justice devolving upon the justices in quarter or petty sessions is hardly a matter of local government, although in one important respect, that, namely, of the licensing of premises for the sale of intoxicating liquors, it may be thought that the duties of justices fall within the scope of local government.

It will be seen that the scheme, as at present existing, has for its object the simplification of local government by the abolition of unnecessary independent authorities, and that this has been carried out almost completely, the principal exception being that in some cases burial boards still exist which have not been superseded either by urban district councils or by parish councils or parish meetings. There are also some matters of local administration arising under what are called commissions of sewers. These exist for the purpose of regulating drainage, and providing defence against water in fen lands or lands subject to floods from rivers or tidal waters. The commissioners derive their authority from the Sewers Commission Acts, which date from the time of Henry VIII, from the Land Drainage Act 1861, and from various local acts. It is unnecessary, however, to consider in any detail the powers exercised by commissioners of sewers in the few areas under their control.(1)

Resources

Notes and References

  1. Encyclopedia Britannica (11th Edition)

See Also

Further Reading

G. L. Gomme, Lectures on the Principles of Local Government; S. and B. Webb, English Local Government; Redlich and Hirst, Local Government in England; Wright and Hobhouse, Local Government and Local Taxation; W. Blake Odgers, Local Government; Alex. Glen and W. E. Gordon, The Law of County Government; Alex. Glen, The Law relating to Public Health; The Law relating to Highways; W. J. Lumley, The Public Health Acts (6th ed., by Macmorran and Dill); Macmorran and Dill, The Local Government Act 1888, &c.; The Local Government Act 1894, &c.; Hobhouse and Fairbairn, The County Councillors’ Guide; Pratt, The Law of Highways (15th ed., by W. Mackenzie); Archbold, Law of Quarter Sessions (4th ed., by Mead and Croft); J. Brooke Little, The Law of Burials; Archbold, On Lunacy (4th ed., by S. G. Lushington).


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