Municipal Corporations Act 1882

The Municipal Corporations Act 1882 (45 & 46 Vict. c. 50) is an act of the Parliament of the United Kingdom that replaced existing legislation governing municipal boroughs in England and Wales, and gave the corporations powers to make bylaws 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. Sections 190 to 194 were amongst the enactments cited as the Police Acts 1839 to 1893.

Passage

Leave to bring in the Municipal Corporations Bill to the House of Commons was granted to the Parliamentary Secretary to the Local Government Board, J. T. Hibbert and the Home Secretary, Sir William Harcourt on 13 February 1882. The bill had its first reading in the House of Commons on 13 February 1882, presented by the Parliamentary Secretary to the Local Government Board, J. T. Hibbert . The bill had its second reading in the House of Commons on 2 March 1882 and was committed to a committee of the whole house, which met and reported on 28 March 1882, with amendments. The amended bill was re-committed to a committee of the whole house, which met on 2 May 1882, 5 May 1882 and 9 May 1882 and reported on 1 August 1882, with amendments. The amended bill was considered on 1 August 1882, with amendments. The amended bill had its third reading in the House of Commons on 1 August 1882 and passed, without amendments.

The bill had its first reading in the House of Lords on 1 August 1882. The bill had its second reading in the House of Lords on 7 August 1882 and was committed to a committee of the whole house, which met on 10 August 1882 and reported on 11 August 1882, with amendments. The amended bill had its third reading in the House of Lords on 14 August 1882 and passed, with amendments.

The amended bill was considered and agreed to by the House of Commons on 14 August 1882.

The bill was granted royal assent on 18 August 1882.

Provisions

Charters and schemes

Section 210 of the act allowed inhabitant householders of a town to petition the privy council 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, by section 213 of the act. 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, by section 213 of the act.

Bylaws

Section 23 of the act empowered boroughs to make bylaws "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 bylaws gave considerable power to the borough corporation to exert control over various activities and nuisances. Many bylaws 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

Section 105 of the act allowed corporations to acquire land and buildings for the administration of the borough. Section 106 of the act provided that 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. Section 108 of the act provided that 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. Section 108 of the act also provided that the corporation could not dispose of land or buildings without the permission of the Local Government Board.

Repealed enactments

The act incorporated the various amendments to the Municipal Corporations Act 1835 (5 & 6 Will. 4. c. 76) and several other pieces of legislation, including the Municipal Franchise Act 1869 (32 & 33 Vict. c. 55), which gave the vote to women ratepayers, and the Corrupt Practices (Municipal Elections) Act 1872 (35 & 36 Vict. c. 60).

Section 5 of the act repealed 69 enactments, listed in the first schedule to the act, subject to the exceptions and qualifications in the act.

Legacy

The act was described as a Consolidation Act.

External links

Text of the Municipal Corporations Act 1882 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
"Charter of Incorporation granted to Borough of Kidwelly under Municipal Corporations Act 1882". Kidwelly History. 1885. Retrieved 1 January 2009.
"Scheme for the Borough of Kidwelly under Municipal Corporations Act 1882". Kidwelly History. 1885. Retrieved 1 January 2009.