County Councils - Definition - Law Dictionary Home Dictionary Definition county-councils

Definition :

County Councils. The elective bodies established by the Local Government Act, 1888 (c. 41), to manage certain specified administrative business of each county (see LOCAL GOVERNMENT), formerly managed by the justices of the peace (who are nominated by the Crown) in quarter sessions,and other administrative business mentioned in the Act, and consisting of 'the chairman, aldermen, and councillors.' The (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), consolidates with amendments the enactments relating to local authorities.

The councillors are elected, for separate electroal divisions,' the qualification for elctors being that required under the Representation of the People Acts, and the qualification for being elected similar to that required for electionto office onany local authority. Ministers of religion are not disqulaified, and peers owing property in the county and persons registered as parliamentary voters in respect of the ownership of property in the county are qualfied, as also by s. 8 of the (English) Army Act, 1891, are officers in the army. Women may be elected [the (English) Qualification of Women (County and Borough Councils) Act, 1907 [c 33)]; and see infra. The qualifications and disqualifica-tions for electionare set out in (English) Local Government Act, 1933, ss. 57-59. The councillors are elected for three years, and then retire together. The ordinary day of election and reitrement,which by the (English) Local Government Act,1888, was the 1st of November, was,by the County Councils (Elections) Act, 1891, reproduced by Local Government Act, 1933, s. 9, changed to the 8th of March.

The aldermen, who are termed 'county aldermen,' are eleted by the councillors as borough aldermen are, from amongst the councillors or pesons qualified so to be, the qualification for being elected being similar to that of county councillors. The number of aldermen shall be one-third of the whole numberof county councillors. They are elected for six years, and one-half of the number goes out inevery third year.

The chairman corresponds to the mayor in a borough council, and is eleted by the council from among the aldermen or councillors, or persons qualified to be such.

Meetings and proceedings, see the regulationsin (English) Local Government Act, 1933, Sched. III., Part I.

By the (English) County and Borough Councils (Qualification) Act, 1914, as amended by the Sex Disqualification (Removal Act, 1919, this qualification to be elected in county councils has been extended.

The administrative business transferred to the county councils includes:--

(1) Making of rates;

(2) Borrowing of money;

(3) Supervision of county treasurer;

(4) Management of halls,offices and other buildings;

(5) Licensing of houses formusic and dancing and of racecourses;

(6) Maintenance and management of hospitals and rate-aided mental hospitals.

(7) Education and maintenance of schools;

(8) Management of roads and bridges;

(9) Regulation of fees of inspectors and other officers;

(10) Control of officrs paid out of the county rate;

(11) Coroner's salary, fees, and district;

(12) The execution as local authority of Acts relating to destructive insects, to fish conservancy, to wild birds, to weights and measures, to gas meters and of the (English) Local Stamp Act, 1869;

(13) Any matters rising under Riot (Damages) Act, 1886;

(14) Registration of rules of scientific societies, under Scientific Societies Act, 1843; registration of charitable gifts, under (English) Charitable Donations Registration Act, 1812; certifying and recording of places of religious worship, under (English) Places of Religious Worship Act, 1812; the confirmation and record of the rules, under (English) Loan Societies Act, 1840;

(15) Any other business transferred by (English) Local Government Act, 1888, as amended by the 1933 Act.

Other administrative business assigned to county councils is the appointment of coroners (which is transferred from the free-holders of each county), the licensing of theatres, and the supervision of the trade in explosive substances (which are transferred from the justices of the peace out of session), and the maintenance of county roads.

The powers of justices out of session of appointing, etc., the county police belong to the quarter sessions and the county council jointly, and are exercised by a standing joint committee of the two bodies.

In addition to this business ipso facto transferred, the Act of 1933 by s. 270 empowers the Minister of Health by provisional order (which must be submitted to Parliament for confirmation, s. 285) to transfer to the County Council and functions arising within the county of any conservators or othr public body (not being the council of a county district) as are conferred by any enactment.

The 15th s. of the Act of 1888 conferred on county councils powers to oppose Bills in Parliament, and the (English) County Councils (Bills in Parliament) Act, 1903 (3 Edw. 7, c. 9), extends these powers by authorizing the council to promote bills as well as to oppose them (replaced by the 1933 Act, s. 253). For the powers of a county council to borrow by the way of mortgage on debentures, see the 1933 Act, ss. 195 et seq. See also LOCAL GOVERNMENT; HOUSING; PUBLIC HEALTH.

The County Council is also constituted the local authority under various Acts, chief of which are (English) the Education Act, 1921, and (English) Education (Local Authrities) Act, 1931 (c. 6); (English) Roads Act, 1920; Mental Deficiency Act, 1913 (c. 28); and (English) Poor Law Acts.