• Source: London Government Act 1939

      • 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.


      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.
      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, introduced by William Hare, 5th Earl of Listowel and its second reading in the House of Lords on 28 February 1939. 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.
      The Bill had its third reading in the House of Lords on 27 June 1939, first reading in the House of Commons on 28 June 1939, second reading in the House of Commons of the United Kingdom on 6 July 1939, and third reading in the House of Lords on 8 July 1939.
      The Bill received royal assent on 13 July 1939.


      Provisions




      = County council

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

      The City of London
      Metropolitan boroughs: Battersea, Bermondsey, Bethnal Green, Camberwell, Deptford, Finsbury, Fulham, Greenwich, Hackney, Hammersmith, Hampstead, Holborn, Islington, Kensington, Lambeth, Lewisham, Paddington, Poplar, St. Marylebone, St Pancras, Shoreditch, Southwark, Stepney, Stoke Newington, Wandsworth, Westminster and Woolwich
      The Inner Temple and the Middle Temple
      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:

      For the City of Westminster, "The Mayor, Aldermen and Councillors of the City of Westminster"
      For the Royal Borough of Kensington and Chelsea, "The Mayor, Aldermen and Councillors of the Royal Borough of Kensington and Chelsea"
      For other boroughs, "The Mayor, Aldermen and Councillors of ____"
      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.


      Notes




      References

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