Municipal Corporations Act 1882
Encyclopedia
The Municipal Corporations Act 1882 (45 & 46 Vict. c.50) was an Act
of the Parliament
of the United Kingdom
. It replaced existing legislation governing municipal borough
s in England and Wales
, and gave the corporations
powers to make byelaws and to acquire land and buildings. Municipal boroughs continued to be regulated by the Act until their abolition in 1974. Parts of the Act are still in operation.
seeking a charter of incorporation as a borough. Where the petition was successful, a committee of the privy council drew up a "scheme" which described in detail the area of the borough, and the property, powers and duties transferred from existing local authorities such as local boards, sanitary authorities or highway boards. The scheme, together with the charter, described the date of first elections, appointed a returning officer
and divided the borough into wards. If one twentieth of the owners or rate
payers of the proposed borough objected to the scheme, a local act of parliament had to be passed to bring the borough into existence.
s "as to them seem meet for the good rule and government of the Borough, and for the prevention and suppression of nuisances not already punishable in a summary manner by virtue of any act in force throughout the Borough, and may thereby appoint such fines, not exceeding in any case £5, as they may deem necessary for prevention and suppression of offences against the same". Such byelaws gave considerable power to the borough corporation to exert control over various activities and nuisances. Many byelaws made under the 1882 act are still in force, the powers conferred by them now being exercised by the modern local authorities that replaced the municipal boroughs under local government reorganisation.
.
and several other pieces of legislation. Among these were the Municipal Franchise Act 1869, which gave the vote to women ratepayers
, and the Corrupt Practices (Municipal Elections) Act 1872.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It replaced existing legislation governing municipal borough
Municipal borough
Municipal boroughs were a type of local government district which existed in England and Wales between 1835 and 1974, in Northern Ireland from 1840 to 1973 and in the Republic of Ireland from 1840 to 2002...
s in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, and gave the corporations
Municipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
powers to make byelaws and to acquire land and buildings. Municipal boroughs continued to be regulated by the Act until their abolition in 1974. Parts of the Act are still in operation.
Charters and schemes
The Act allowed inhabitant householders of a town to petition the privy councilPrivy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
seeking a charter of incorporation as a borough. Where the petition was successful, a committee of the privy council drew up a "scheme" which described in detail the area of the borough, and the property, powers and duties transferred from existing local authorities such as local boards, sanitary authorities or highway boards. The scheme, together with the charter, described the date of first elections, appointed a returning officer
Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
and divided the borough into wards. If one twentieth of the owners or rate
Rates (tax)
Rates are a type of property tax system in the United Kingdom, and in places with systems deriving from the British one, the proceeds of which are used to fund local government...
payers of the proposed borough objected to the scheme, a local act of parliament had to be passed to bring the borough into existence.
Byelaws
Section 23 of the Act, boroughs were empowered to make byelawBylaw
By-law can refer to a law of local or limited application passed under the authority of a higher law specifying what things may be regulated by the by-law...
s "as to them seem meet for the good rule and government of the Borough, and for the prevention and suppression of nuisances not already punishable in a summary manner by virtue of any act in force throughout the Borough, and may thereby appoint such fines, not exceeding in any case £5, as they may deem necessary for prevention and suppression of offences against the same". Such byelaws gave considerable power to the borough corporation to exert control over various activities and nuisances. Many byelaws made under the 1882 act are still in force, the powers conferred by them now being exercised by the modern local authorities that replaced the municipal boroughs under local government reorganisation.
Buildings and land
The Act allowed corporations to acquire land and buildings for the administration of the borough. Money could be borrowed to construct town halls, council houses, police stations, judges' lodgings and other buildings required for the conduct of the corporation's business. The maximum term allowed for repayment of such a loan was 30 years, boroughs needing to obtain private acts of parliament to extend the payment period. The corporation could not dispose of land or buildings without the permission of the Local Government BoardLocal Government Board
The Local Government Board was a British Government supervisory body overseeing local administration in England and Wales from 1871 to 1919.The LGB was created by the Local Government Board Act 1871 The Local Government Board (LGB) was a British Government supervisory body overseeing local...
.
Consolidation of existing legislation
The Act incorporated the various amendments to the Municipal Corporations Act 1835Municipal Corporations Act 1835
The Municipal Corporations Act 1835 – sometimes known as the Municipal Reform Act, was an Act of the Parliament of the United Kingdom that reformed local government in the incorporated boroughs of England and Wales...
and several other pieces of legislation. Among these were the Municipal Franchise Act 1869, which gave the vote to women ratepayers
Women's suffrage
Women's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...
, and the Corrupt Practices (Municipal Elections) Act 1872.