Part 1Democracy and involvement
Chapter 5Local freedoms and honorary titles
I127Local freedoms
1
The Local Government Act 1972 (c. 70) is amended as follows.
2
In section 248 (freemen and inhabitants of existing boroughs), after subsection (1) insert—
1A
Where the son of a freeman of a city or town may claim to be admitted as a freeman of that place, the daughter of a freeman may likewise claim to be so admitted.
1B
The son or daughter of a freeman of a city or town shall be admitted as a freeman whether born before or after the admission, as a freeman, of his or her freeman parent and wherever he or she was born.
1C
In subsections (1A) and (1B) “freeman” excludes a freeman of the City of London.
I228Power to amend law relating to local freedoms
1
The Local Government Act 1972 (c. 70) is amended as follows.
2
In section 248 (freemen and inhabitants of existing boroughs), after subsection (1C) insert—
1D
Schedule 28A (amendment of laws relating to freedom of city or town) shall have effect.
3
Before Schedule 29 insert—
Schedule 1Amendment of laws relating to freedoms of cities and towns
Introductory
1
1
This Schedule makes provision for the laws relating to freedom of a city or town to be amended by, or pursuant to, a resolution of persons admitted to that freedom.
2
The powers conferred by this Schedule are without prejudice to any other power to amend the law relating to freedom of a city or town.
3
In this Schedule—
“appropriate national authority” means—
- a
the Secretary of State, in relation to a city or town in England;
- b
the Welsh Ministers, in relation to a city or town in Wales;
“enactment” includes in particular—
- a
a royal charter or other instrument made under the royal prerogative;
- b
any instrument made under an enactment.
Powers to amend law in respect of women and civil partners
2
1
The purposes of this paragraph are—
a
to provide for a woman to have the right to be admitted to freedom of a city or town in any or all circumstances where a man has that right;
b
to enable a woman admitted to the freedom of a city or town (whether pursuant to this Schedule or otherwise) to use the title “freewoman”;
c
to put a civil partner or surviving civil partner of a person admitted to freedom of a city or town in the same position as a spouse or surviving spouse of such a person.
2
The appropriate national authority may by order amend an Act for any purpose of this paragraph, if the amendment is proposed by a qualifying resolution.
3
A qualifying resolution may amend—
a
any enactment other than an Act, or
b
the law established by custom,
for any purpose of this paragraph.
4
An amendment may not be made under this paragraph for the purpose specified in sub-paragraph (1)(a) if the effect of the amendment in any case or circumstances would be to deprive a man of the right to be admitted to freedom of a city or town.
5
A provision of a public general Act may not be amended under this paragraph unless the provision relates only to—
a
a particular city or town, or
b
a specified group of cities or towns.
Power to amend royal charters
3
1
Her Majesty may by Order in Council amend the law relating to rights of admission to freedom of a city or town where—
a
the law is contained in a royal charter; and
b
the amendment is proposed in a qualifying resolution.
2
It is immaterial for the purposes of sub-paragraph (1) above whether the amendment is one which could be made under paragraph 2(3) above.
3
An Order in Council under this paragraph is not a statutory instrument for the purposes of the Statutory Instruments Act 1946.
Powers to amend laws established by custom
4
1
A qualifying resolution may amend the law relating to rights of admission to freedom of a city or town where the law is established by custom.
2
The power in sub-paragraph (1) above does not include power to make an amendment which could be made under paragraph 2(3) above.
Consequential amendments
5
1
The power to make an amendment under paragraph 2(2) above includes power (exercisable in the same way and subject to the same conditions) to make consequential amendments to—
a
any enactment, or
b
the law established by custom.
2
The power to make an amendment under paragraph 2(3), 3 or 4 above includes power (exercisable in the same way and subject to the same conditions) to make consequential amendments to—
a
any enactment other than an Act, or
b
the law established by custom.
3
Where an amendment is made under paragraph 2(3), 3 or 4 above, the appropriate national authority may by order make consequential amendments to any Act, if the consequential amendments are proposed by a qualifying resolution.
6
1
Where by virtue of an amendment under paragraph 2, 3 or 4 above a person has the right of admission to freedom of city or town, the following amendments in particular are to be regarded as consequential for the purposes of this Schedule—
a
an amendment for the purpose of putting that person in the same position as any other person admitted to that freedom;
b
an amendment for the purpose of putting a person who by marriage, civil partnership, descent, employment or otherwise is or has been related to or associated with that person in the same position as a person correspondingly related to or associated with any other person admitted to that freedom;
c
an amendment for the purpose of putting a person who is or has been related by marriage or civil partnership to a surviving spouse or civil partner or child of that person in the same position as a person correspondingly related to the surviving spouse or civil partner or child of any other person admitted to that freedom.
2
In determining for the purposes of sub-paragraph (1) above whether one relationship corresponds with another, differences of gender are to be ignored.
Qualifying resolutions
7
1
For the purposes of this Schedule, a “qualifying resolution” is a resolution—
a
in relation to which the requirements of paragraph 8 below are complied with; and
b
which is passed in accordance with paragraph 9 below.
8
1
The requirements of this paragraph in relation to a resolution are as follows.
2
The resolution must be proposed by three or more eligible persons.
3
Voting on the resolution is to be by postal ballot.
4
The proposers must make reasonable endeavours to secure that each eligible person is sent—
a
a notice of the ballot, and
b
a ballot paper.
5
The notice must state—
a
the resolution proposed,
b
the purpose of the resolution, and
c
the date by which ballot papers must be returned (the “voting date”).
6
Any notice and ballot paper must be sent at least 28 days before the voting date.
7
For the purposes of this paragraph, a notice or ballot paper is sent to a person on the day it is posted by first class post to the last known address of that person.
9
1
A resolution is passed in accordance with this paragraph if—
a
it is passed by a majority of the eligible persons voting on the resolution,
b
the number of eligible persons voting on the resolution is at least 10% of the number of eligible persons to whom notice is sent under paragraph 8(4) above, and
“ the resolution is notified to the relevant council within six weeks from the voting date. ”2
For the purposes of sub-paragraph (1)(c) above, the resolution is notified by delivery of the following documents to the relevant council—
a
a copy of the resolution;
b
a copy of the notice sent under paragraph 8(4) above;
c
a statement in writing of the names of the eligible persons to whom the notice was sent;
d
a statement in writing of the number of eligible persons who voted on the resolution and of the number who voted in favour of it;
e
all ballot papers returned in accordance with the notice.
3
The relevant council must keep the documents delivered under sub-paragraph (2) above, but need not keep those within paragraphs (b) to (e) of that sub-paragraph if it considers that it is no longer reasonably necessary to do so.
10
In paragraphs 8 and 9 above—
“eligible person” means a person whose name is on the roll of persons admitted to the freedom of the city or town concerned kept under section 248(2) above;
“relevant council” means—
- a
in relation to a city or town in England—
- i
the district council in whose area the city or town is situated, or
- ii
if the city or town is not in the area of a district council, the county council in whose area it is situated;
- b
in relation to a city or town in Wales, the principal council in whose area the city or town is situated.
Order-making powers: supplementary
11
1
A statutory instrument containing an order under this Schedule which contains an amendment to a public general Act is subject to annulment—
a
by either House of Parliament, in the case of an order made by the Secretary of State;
b
by the National Assembly for Wales, in the case of an order made by the Welsh Ministers.
4
In section 248—
a
in subsection (1), after “this section”, in both places, insert “
and Schedule 28A
”
;
b
in subsection (2), for “freemen” substitute “
persons admitted to the freedom
”
;
c
in subsection (3)—
i
for “as a freeman” substitute “
to the freedom
”
;
ii
for “his”, in both places, substitute “
the person's
”
;
iii
for “freemen” substitute “
persons admitted to the freedom
”
;
d
in subsection (4), in paragraphs (a), (b) and (c), for “freeman” substitute “
person admitted to the freedom
”
.
I329Honorary titles
1
Section 249 of the Local Government Act 1972 (c. 70) (honorary aldermen and freemen) is amended as follows.
2
In the heading, for “Honorary aldermen and freemen” substitute “
Honorary titles
”
.
3
In subsection (1)
(power of principal councils to confer title of honorary aldermen), after “honorary aldermen” insert “
or honorary alderwomen
”
.
4
In subsection (2)—
a
after “honorary alderman” insert “
or honorary alderwoman
”
;
b
after “as alderman” insert “
or alderwoman
”
;
c
after “as an alderman” insert “
or alderwoman
”
.
5
In subsection (4), after “honorary alderman” insert “
or honorary alderwoman
”
.
6
After that subsection insert—
4A
A principal council may spend such reasonable sum as they think fit for the purpose of presenting an address, or a casket containing an address, to a person on whom they have conferred the title of honorary alderman or honorary alderwoman.
7
For subsections (5) to (9) (honorary freemen) there is substituted—
5
Subject as follows, a relevant authority may admit to be honorary freemen or honorary freewomen of the place or area for which it is the authority—
a
persons of distinction, and
b
persons who have, in the opinion of the authority, rendered eminent services to that place or area.
6
In this section “relevant authority” means—
a
a principal council;
b
a parish or community council;
c
charter trustees in England constituted—
i
under section 246 of the Local Government Act 1972,
ii
by the Charter Trustees Regulations 1996 (SI 1996/263), or
iii
under Part 1 of the Local Government and Public Involvement in Health Act 2007.
7
The power in subsection (5) above is exercisable by resolution of the relevant authority.
8
A resolution under subsection (7) above must be passed—
a
at a meeting of the relevant authority which is specially convened for the purpose and where notice of the object of the meeting has been given; and
b
by not less than two-thirds of the members of the relevant authority (or, in the case of charter trustees, of the trustees) who vote on it.
9
A relevant authority may spend such reasonable sum as it thinks fit for the purpose of presenting an address or a casket containing an address to a person on whom the authority has conferred the title of honorary freeman or honorary freewoman under subsection (5) above.
10
The admission of a person as honorary freeman or honorary freewoman does not confer on that person any of the rights referred to in section 248(4) above.