07/05/2026
A number of cities and boroughs are caught up in local government reorganisation. The question is raised as to what happens to these areas when, as a result, they change shape or, as is more likely, merge with neighbouring districts.
The simple answer might be that all will be automatically set out in the structural changes order (SCO) made under section 7 of the of the Local Government and Public Involvement in Health Act 2007 or the applicable general regulations that will apply. That is not the case, it would be far too simple, and it requires some steps and thinking beforehand by the current (predecessor) councils.
There are a series of procedures and alternatives that will need to be thought about in order to retain civic, and then there is what happens to a ‘city’ if not.
- Boundary change (expansion)
For completeness, one scenario is where the city or borough remains the city or borough, just that the boundaries change. This is because the name and status is inextricably linked to the administrative district, which as a body does not change. A number of cities and boroughs have changed their administrative status in the past, in that they become a unitary by their district status having been added to, in that they also become ‘a county without a county council’ (in the same way that a county takes on district functions to become a unitary), but the civic status still applies to the same and continuing corporation. Alongside this is where a council in that position adds to their area, associated with LGR or separately, involving the Boundary Commission for England for the established city to absorb the neighbouring area. This is part of the LGR proposals of some (with BCE having said they are standing by and ready) but a separate recent example is that of the transfer of a slice of Barnsley MBC going across to create a slight expansion of Sheffield City Council.
- Establishing a new parish council
A number of predecessor councils have moved to undertake a governance review for their unparished areas that formed the previous geographical, cultural and economic centres hubs of their city or borough. This, despite the Government’s urging of them not to, is to create new parish councils.
There are several reasons for this. One is to meet what is perceived to be a forthcoming democratic deficit arising from the loss of councillors and representation. There is then the ability to lock in the potential accompanying precept and, having likely created another of what NALC refers to as a local super-council, it is to future-proof the ability for micro- (or double) devolution.
Last but by no means least, certainly in this context, is to have created a body that will receive the transfer of armorial bearings of the mayoralty, property and maintain their civic status. Whilst a parish council may change its name to a town council and thereby make its chair a mayor, its civic status, however, is only as granted by the monarch.
- Charter Trustees
Establishing charter trustees is therefore the only and default mechanism for a city to remain a city after reorganisation of its district council, but it must be a request made of the LGR process. This is set out most often as a supplemental order to that of the SCO under section 7 of the 2007 Act and will create a body corporate to take on the ceremonial matters and ensure that any historic rights and privileges associated with those local government areas that will be abolished can be maintained and vest in the Charter Trustees for the relevant area.
The basis for this is that an order under section 7 may for any incidental, consequential, transitional, or supplementary purpose modify, exclude or apply (with or without modifications) any enactment, and repeal or revoke any enactment with or without savings. The 2007 Act also provides that an order made under that Act may make different provision for different cases (section 240(10)).
The object of the charter trustees, as it was for those established in 1974 under the Local Government Act 1972, is to ensure that any historic rights and privileges continue, including the holding of property, all now to be sorted out under the Charter Trustees Regulations 2009.
When established, the body of charter trustees will be defined according to the appropriate electoral wards of the predecessor council and so will exist in respect of the unparished areas of the predecessor council. As such, it was envisaged that charter trustees is a holding position until a parish council could take up the reigns, which was the case, for example, in the most recent completed round of LGR where the dissolution of Scarborough Borough Council was followed by the establishment of charter trustees and then the new Scarborough Town Council took on the mayoralty.
Whilst assumed, this is not always the case however. Following the 2019 reorganisation that created Cheshire West & Chester Council, there remains continuing charter trustees in respect of Chester. Likewise, the new unitary Cumberland Council seems perfectly happy with a continuing position of running with charter trustees for Carlisle, even though, when establishing charter trustees to accompany the dissolution of Carlisle as a district council, the government of the day stated its purpose in the explanatory memorandum to the order that “This will therefore allow Carlisle’s town council to style itself as a city council”.
- The transfer
Once the new parish council is established, the charter trustees are dissolved and the functions, property, rights and liabilities of the charter trustees are passed to the parish council, including that the appointment of any local officer of dignity (mayor or lord mayor) is then treated as if it had been made by the parish council. This is by way of Regulations as a result of the principal council having made its Order, which includes the provision that, where there is more than one parish council for the relevant area, the charter trustee functions will fall to just one.
- Dissolution and/or Petition to the King
Since the middle of the 19th century, city status is neither automatic nor dependent on being the settlement that hosts the Anglican Cathedral but is dependent on letters patent being issued by the monarch. There is a fourth scenario that should be mentioned, therefore, where city status is lost (or made anew).
The cautionary tale is that of Rochester. It first lost its individual city status following the 1974 local government reorganisation, when it merged with Chatham to form Medway Borough Council. In January 1982, special letters patent were issued giving city status anew to the “City of Rochester-upon-Medway.” When reorganisation came around again and it was to be merged with Gillingham BC to form the current Medway unitary authority, the council made a decision not to proceed to make the appointment of charter trustees, which resulted in no more city.
Summary
As summarised by the Society of Local Council Clerks (SLCC):
“When a district council is reorganised into a larger unitary authority, the following considerations apply:
Charter trustees:
Charter trustees are established to preserve the historic rights and privileges of a town that loses its borough status due to reorganisation. They are responsible for maintaining the town’s ceremonial traditions, including the mayoralty and regalia.
Regalia and ceremonial functions:
The regalia associated with borough status, such as the mayor’s chain and civic robes, are managed by the charter trustees. These items are used in ceremonial functions to maintain the town’s historical identity.
Transition to parish council representation:
If the town is now represented by a parish council, the charter trustees ensure continuity of ceremonial functions until the parish council is fully established and capable of taking over these responsibilities…
Once elected, the parish council can easily convert to a town or city council by resolution [under LGA 1972]”.
Where town councils of this weight and size have been created, there are various aspects and opportunities to consider, as discussed in our article “the urban district council reinvented”
We have provided advice to a number of councils going through a process of community governance reviews, asset transfer programmes and parish devolution alongside advice on wider LGR considerations
We have run a number of webinars and also published several articles on various aspects of the LGR process and its practical implications over the last year. These can be found in the Devolution and Local Government Reorganisation hub.
Our LinkedIn page is your resource for legal updates across the public sector.
