SCHEDULES

F1SCHEDULE 28AAmendment of laws relating to freedoms of cities and towns

Annotations:
Amendments (Textual)

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—

    1. a

      the Secretary of State, in relation to a city or town in England;

    2. b

      the Welsh Ministers, in relation to a city or town in Wales;

  • “enactment” includes in particular—

    1. a

      a royal charter or other instrument made under the royal prerogative;

    2. 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—

    1. a

      in relation to a city or town in England—

      1. i

        the district council in whose area the city or town is situated, or

      2. ii

        if the city or town is not in the area of a district council, the county council in whose area it is situated;

    2. 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.