The legislative schemes

Prior to the relevant provisions of the Local Government Act 1972 (1972 Act), the following legislative schemes were in force alongside each other:

  • Towns Improvement Clauses Act 1847 and Public Health Act 1875 (The First Scheme)
  • Public Health Acts Amendment Act 1907
  • Public Health Act 1925
  • Local Acts
  • London Building Acts (Amendment) Act 1939

There is significant element of cross over between these schemes. The Local Government Act 1972 (1972 Act) attempted to introduce order by effectively allowing local authorities to choose which scheme or combination of schemes would apply.

The 1972 Act provides that only the 1939 Act applies in London but the following combination of functions may apply across England and Wales. The description of powers and duties relate to how the legislation is currently in force in 2022.

Brief outline of the acts

The 1847 Act and the 1875 Act - jointly the First Scheme:

Towns Improvement Clauses Act 1847 and Public Health Act 1875

  • A duty to cause houses/buildings to be marked with such numbers as the authority thinks fit. Neither house or building are further defined and would likely be given a wide interpretation as a result.
  • A duty to cause to be put up or painted the name by which a street is to be known; and
  • Occupiers to mark properties with such numbers as the authority approves of and to renew the marking.

The 1907 Act:

Public Health Acts Amendment Act 1907

  • A power to alter a street name following a local “referendum”; and
  • A power to put up a street name sign/marking.

The 1925 Act:

Public Health Act 1925

  • Allows notice of proposed street names to be given to the local authority and a power to the authority to object.
  • A power to the local authority to assign a street a name or alter an existing street name by order following notice by the local authority; and
  • A duty on the local authority to paint/ mark the street name and renew it when it becomes illegible.

The 1939 Act:

London Building Acts (Amendment) Act 1939

Only applies in London (the inner and outer London Boroughs and the City of London):

  • Allows notice of proposed street names to be given to the local authority and a power to the authority to object.
  • A power to the local authority to assign a street, way, place, row of houses or block of buildings a name or alter an existing name by order following notice by the local authority and consideration of objections.
  • A duty to cause the name of the street, way, place, row of houses or block of buildings to be set up and kept set up.
  • A power to the local authority by order (following notice by the authority) to specify that any building (the term building is not further defined – but there are a limited number of specific exclusions set out in the legislation) in a street, way, place, row of houses, or block of buildings shall have a number or name or number and name and duty (where such an order is made) to give notice to the owner/occupier to mark the building in accordance with the designation given in the order. No preference is expressed in the legislation regarding whether a number or name or both should be specified.

Legislation

Brief Outline

Combination of legislations or schemes

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2

3

4

5

6

7

8

9

1847 & 1875 Acts – The First Scheme

Streets

  • Duty for LA to name streets
 ✔ ✔ ✔ ✔

Properties

  • Duty for LA to number houses and buildings
  • Obligation for occupiers to display the given number
 ✔ ✔ ✔ ✔

1907 Act

Streets

  • Power to LA to alter a street name following a local consultation
  • Power to display a street name
 ✔ ✔ ✔ ✔

1925 Act

Streets

  • Power to LA to object to street name proposed by others
  • Power to LA to name or rename a street by order following consultation
  • A duty on the LA to display and maintain street names
 ✔ ✔ ✔ ✔ ✔

Local Acts

Streets

  • Powers and duties vary
 ✔

Properties

  • Powers and duties vary
 ✔ ✔ ✔ ✔

1939 Act
London Building Acts

Streets

  • Power to LA to object to street names proposed by others
  • Power to LA to assign a street, way, place, row of houses or block of buildings a name or alter an existing name by order following consultation
  • A duty for the LA to name streets, rows of houses or block of buildings
  • A duty for the LA to have regulations in place relating to naming of streets, rows of houses or block of buildings
 ✔

Properties

  • Power to LA by order to number houses or buildings
 ✔

It is important the SNN Officer knows which combination of the schemes has been adopted by their local authority. This will help to ensure the correct processes are being followed in terms of consultation, enforcement action and whether charges can be made.

SNN Officers are recommended to seek advice from their legal teams where clarification is required.