Local Government Act 1972, section 1

New local government areas in England

Part I Local Government Areas and Authorities in England

(1)For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2)The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of Schedule 1 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of each Part of that Schedule.

(3)The districts in the metropolitan counties shall be those respectively specified in column 2 of the said Part I and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in that column, and the Secretary of State may by order provide a name for any such district.

(4)The districts in the non-metropolitan counties shall be those respectively specified in one or more orders made by the Secretary of State under paragraph 1 of Schedule 3 to this Act and having the names given to them by one or more orders so made.

(5)Part III of Schedule 1 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6)Subject to Part IV of Schedule 1 to this Act and to any provision corresponding to that Part made by an order under section 254 below, the rural parishes existing immediately before 1st April 1974 shall continue to exist on and after that date by the name of parishes.

(7)The said Part IV shall have effect with respect to the existing rural parishes which by virtue of this Act are comprised in more than one county or more than one metropolitan district.

(8)Part V of Schedule 1 to this Act shall have effect for the purpose of constituting parishes the boundaries of which are determined by reference to those of existing boroughs and urban districts and also, in cases where the areas of such boroughs and urban districts are divided by or under this section between two or more new districts, by reference to the boundaries of the new districts.

(9)M1The boroughs which by virtue of section 141 of the 1933 Act or section 28 of the Local Government Act 1958 are included in rural districts immediately before the passing of this Act shall on the passing of this Act become parishes without ceasing to be boroughs, but shall cease to be boroughs on 1st April 1974.

(10)On that date the following local government areas existing immediately before that date outside Greater London and the Isles of Scilly, that is to say, all administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes, shall cease to exist and the council of every such area which has a council shall also cease to exist.

(11)On that date the municipal corporation of every borough outside Greater London (and the corporation of a borough included in a rural district) shall cease to exist.

(12) In this section “England” does not include the administrative county of Monmouthshire or the county borough of Newport.

Definitions used in section 1 8

England

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · see it in the full Act
local government area

“local government area” means—

(a)

in relation to England, a county, Greater London, a district, a London borough or a parish;

(b)

in relation to Wales, a county, county borough or community;

Defined in s.270(1) · see it in the full Act
district

and “district” means, in relation to a public body other than a local authority, the area for which the public body acts;

Defined in s.270(1) · see it in the full Act

“district”, without more, means, in relation to England, a metropolitan district or a non-metropolitan district;

Defined in s.270(1) · see it in the full Act
existing

“existing”, in relation to a local government or other area or a local authority or other body, except in sections 1 and 20 above, means that area or body as it existed immediately before the passing of this Act;

Defined in s.270(1) · see it in the full Act
new

“new”, in relation to any area or authority, means an area or authority established by or under this Act including one established by virtue of any provision of the Local Government (Wales) Act 1994 ;

Defined in s.270(1) · see it in the full Act
county

“county”, without more, means, in relation to England, a metropolitan county or a non-metropolitan county , but in the expression “county council”, “council of a county”, “county councillor” and “councillor of a county” means, in relation to England, a non-metropolitan county only: ;

Defined in s.270(1) · see it in the full Act
borough

4 In this Part of this Schedule “borough” does not include a London borough or a borough which becomes a parish by virtue of section 1(9) above.

Defined in Sch.1 Pt.V · see it in the full Act
1933 Act

“1933 Act” means the Local Government Act 1933 ;

Defined in s.270(1) · see it in the full Act

Cases considering section 1 4

Carralyn Parkes, R (on the application of) v Dorset Council

[2024] EWHC 1253 (Admin) · 23 May 2024

Establishes the division of England into counties and districts. The court used the local-government structure to identify the relevant authority and to reject a free-standing extension of its area into the harbour (see paras [51]-[58], [200]).

Van Elle Limited v Keynvor Morlift Limited

[2023] EWHC 3137 (TCC) · 8 December 2023Defines

Identifies the counties relevant to the Schedule 1 definition of England. The provision formed part of the statutory route to the Ordnance Survey boundary evidence. (see paras [23]-[25])

Leeds City Council v Watkins & Anor

[2003] EWHC 598 (Ch) · 25 March 2003

The provision, together with Schedule 1 Part 1, extended the County Borough of Leeds to include the former Borough of Morley. (see para [18])

1 more judgment, and what each says about section 1, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Marginal citations

  1. M11958 c. 55.