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Civil parish#Ancient parishes
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{{short description|Territorial designation and lowest tier of local government in England}}{{About|civil parishes in England|civil parishes in other countries|Civil parish (disambiguation)}}{{Use dmy dates|date=September 2015}}{{Use British English|date=October 2013}}- the content below is remote from Wikipedia
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History
Ancient parishes
The parish system in Europe was established between the 8th and 12th centuries,Encyclopaedia Britannica 1993{{full citation needed|date=November 2023}} and an early form was long established in England by the time of the Norman Conquest. These areas were originally based on the territory of manors,BOOK, Local Council Administration in English Parishes and Welsh Communities, 1989, Arnold-Baker, Charles, Charles Arnold-Baker, Longcross Press, 978-0-902378-09-4, which, in some cases, derived their bounds from Roman or Iron Age estates; some large manors were sub-divided into several parishes.BOOK, The Local Historian's Encyclopaedia, John, Richardson, 1986, Historical Publications Limited, Initially, churches and their priests were the gift and continued patronage (benefaction) of the lord of the manor, but not all were willing and able to provide, so residents would be expected to attend the church of the nearest manor with a church. Later, the churches and priests became to a greater extent the responsibility of the Catholic Church thus this was formalised; the grouping of manors into one parish was recorded, as was a manor-parish existing in its own right.Churches in the Landscape, Richard Morris, JM Dent & Sons, 1989, Chapter 6Civil and ecclesiastical split
The ancient parishes diverged into two distinct, nearly exactly overlapping, systems of parishes during the 19th century. The Poor Law Amendment Act 1866, which received royal assent on 10 August 1866, declared all areas that levied a separate rate or had their own overseer of the poor to be parishes. This included the Church of England parishes (until then simply known as "parishes"), extra-parochial areas, townships and chapelries. To have collected rates this means these beforehand had their own vestries, boards or equivalent bodies. Parishes using this definition subsequently became known as "civil parishes" to distinguish them from the ecclesiastical parishes.BOOK, A collection of the public general statutes passed in the twenty-ninth and thirtieth years of the reign of Her Majesty Queen Victoria, 1866, London, 574â577,weblink Google Books, 6 November 2021, Poor Law Amendment Act 1866 (29 & 30 Victoria, c. 113), The Church of England parishes, which cover more than 99% of England, have become officially (and to avoid ambiguity) termed ecclesiastical parishes. The limits of many of these have diverged; most greatly through changes in population and church attendance (these factors can cause churches to be opened or closed). Since 1921, each has been the responsibility of its own parochial church council.In the late 19th century, most of the "ancient" (a legal term equivalent to time immemorial) irregularities inherited by the civil parish system were cleaned up, and the majority of exclaves were abolished. The census of 1911 noted that 8,322 (58%) of "parishes" in England and Wales were not geographically identical when comparing the civil to the ecclesiastical form.1894 reforms
In 1894, civil parishes were reformed by the Local Government Act 1894 (56 & 57 Vict. c. 73) to become the smallest geographical area for local government in rural areas. The act abolished the civil (non-ecclesiastical) duties of vestries. Parishes which straddled county boundaries or sanitary districts had to be split so that the part in each urban or rural sanitary district became a separate parish (see List of county exclaves in England and Wales 1844â1974). The sanitary districts were then reconstituted as urban districts and rural districts, with parishes that fell within urban districts classed as urban parishes, and parishes that fell within rural districts were classed as rural parishes.Rural parishes
The 1894 act established elected civil parish councils as to all rural parishes with more than 300 electors, and established annual parish meetings in all rural parishes. Civil parishes were grouped to form either rural or urban districts which are thereafter classified as either type. The parish meetings for parishes with a population of between 100 and 300 could request their county council to establish a parish council. Provision was also made for a grouped parish council to be established covering two or more rural parishes. In such groups, each parish retained its own parish meeting which could vote to leave the group, but otherwise the grouped parish council acted across the combined area of the parishes included.Urban parishes
Urban civil parishes were not given their own parish councils, but were directly administered by the council of the urban district or borough in which they were contained. Many urban parishes were coterminous (geographically identical) with the urban district or municipal borough in which they lay. Towns which included multiple urban parishes often consolidated the urban parishes into one. The urban parishes continued to be used as an electoral area for electing guardians to the poor law unions. The unions took in areas in multiple parishes and had a set number of guardians for each parish, hence a final purpose of urban civil parishes. With the abolition of the Poor Law system in 1930, urban parishes became a geographical division only with no administrative power; that was exercised at the urban district or borough council level.1965{{ndash}}1974 reforms
In 1965 civil parishes in London were formally abolished when Greater London was created, as the legislative framework for Greater London did not make provision for any local government body below a London borough. (Since the new county was beforehand a mixture of metropolitan boroughs, municipal boroughs and urban districts, no extant parish councils were abolished.)In 1974, the Local Government Act 1972 retained rural parishes, but abolished most urban parishes, as well as the urban districts and boroughs which had administered them. Provision was made for smaller urban districts and boroughs to become successor parishes, with a boundary coterminous with an existing urban district or borough or, if divided by a new district boundary, as much as was comprised in a single district. There were 300 such successor parishes established. In urban areas that were considered too large to be single parishes, the parishes were simply abolished, and they became unparished areas. The distinction between types of parish was no longer made; whether parishes continued by virtue of being retained rural parishes or were created as successor parishes, they were all simply termed parishes. The 1972 act allowed the new district councils (outside London) to review their parishes, and many areas left unparished in 1972 have since been made parishes, either in whole or part. For example, Hinckley, whilst entirely unparished in 1974, now has four civil parishes, which together cover part of its area, whilst the central part of the town remains unparished.Sub-divisions
Some parishes were sub-divided into smaller territories known as hamlets, tithings or townships.Youngs, Frederic A, Jr. (1979). Guide to the Local Administrative Units of England, Vol.I: Southern England. London: Royal Historical Society. {{ISBN|0-901050-67-9}}. pxviRevival
Nowadays the creation of town and parish councils is encouraged in unparished areas. The Local Government and Rating Act 1997 created a procedure which gave residents in unparished areas the right to demand that a new parish and parish council be created.What is a parish or town council, National Association of Local Councils website, accessed 14 August 2010 {{webarchive|url=https://web.archive.org/web/20100903020139weblink |date=3 September 2010 }} This right was extended to London boroughs by the Local Government and Public Involvement in Health Act 2007WEB, Sections 58-77 of the Act, which received Royal Assent on 30 October 2007,weblink Parliament of the United Kingdom, 20 July 2022, â with this, the City of London is at present the only part of England where civil parishes cannot be created. If enough electors in the area of a proposed new parish (ranging from 50% in an area with less than 500 electors to 10% in one with more than 2,500) sign a petition demanding its creation, then the local district council or unitary authority must consider the proposal.Since the beginning of the 21st century, numerous parish councils have been created, including some relatively large urban ones. The main driver has been the desire to have a more local tier of government when new larger authorities have been created, which are felt to be remote from local concerns and identity. A number of parishes have been created in places which used to have their own borough or district council; examples include Daventry (2003), Folkestone (2004), Kidderminster (2015) and Sutton Coldfield (2016). The trend towards the creation of geographically large unitary authorities has been a spur to the creation of new parishes in some larger towns which were previously unparished, in order to retain a local tier of government; examples include Shrewsbury (2009), Salisbury (2009), Crewe (2013) and Weymouth (2019). In 2003 seven new parish councils were set up for Burton upon Trent, and in 2001 the Milton Keynes urban area became entirely parished, with ten new parishes being created.Parishes can also be abolished where there is evidence that this is in response to "justified, clear and sustained local support" from the area's inhabitants. Examples are Birtley, which was abolished in 2006, and Southsea, abolished in 2010.{{citation |title=Birtley Town Council â Annual Return 2005/2006 |date=29 September 2006 |publisher=Gateshead Council }}WEB,weblink The Portsmouth City Council (Reorganisation of Community Governance) Order 2010, 11 September 2010,weblink" title="web.archive.org/web/20111101080618weblink">weblink 1 November 2011, dmy-all,Governance
Every civil parish has a parish meeting, which all the electors of the parish are entitled to attend. Generally a meeting is held once a year. A civil parish may have a parish council which exercises various local responsibilities prescribed by statute. Parishes with fewer than 200 electors are usually deemed too small to have a parish council, and instead will only have a parish meeting: an example of direct democracy. Alternatively several small parishes can be grouped together and share a common parish council, or even a common parish meeting.A parish council may decide to call itself a town council, village council, community council, neighbourhood council, or if the parish has city status, the parish council may call itself a city council.Local Government and Public Involvement in Health Act 2007 According to the Department for Communities and Local Government, in England in 2011 there were 9,946 parishes.WEB,weblink Parishes and Charter Trustees in England 2011-12, 11 May 2011,weblink" title="web.archive.org/web/20110506092449weblink">weblink 6 May 2011, Since 1997 around 100 new civil parishes have been created, in some cases by splitting existing civil parishes, but mostly by creating new ones from unparished areas.Powers and functions
Parish or town councils have very few statutory duties (things they are required to do by law) but have a range of discretionary powers which they may exercise voluntarily. These powers have been defined by various pieces of legislation. The role they play can vary significantly depending on the size, resources and ability of the council, but their activities can include any of the following:WEB, Powers and Duties of Local Councils,weblink Cumbria Association of Local Councils, 21 October 2018, WEB, Parish council responsibilities, 5 November 2013,weblink LocalGov.uk, 21 October 2018, weblink" title="web.archive.org/web/20070715034316weblink">Full list of powers of parish councils (archived since 15 July 2007) nalc.gov.uk - Downloadable Microsoft Word DocumentFile:Ackworth_Parish_Council_Community_Centre_-_geograph.org.uk_-_339252.jpg|thumb|Parish council community centre, in Ackworth, West YorkshireAckworth, West YorkshireParish councils have powers to provide and manage various local facilities; these can include allotments, cemeteries, parks, playgrounds, playing fields and village greens, village halls or community centres, bus shelters, street lighting, roadside verges, car parks, footpaths, litter bins and war memorials. Larger parish councils may also be involved in running markets, public toilets and public clocks, museums and leisure centres.Parish councils may spend money on various things they deem to be beneficial to their communities, such as providing grants to local community groups or local projects, or fund things such as public events, crime prevention measures, community transport schemes, traffic calming or tourism promotion.Parish councils have a role in the planning system; they have a statutory right to be consulted on any planning applications in their areas. They may also produce a neighbourhood plan to influence local development.The Localism Act 2011 allowed eligible parish councils to be granted a "general power of competence" which allows them within certain limits the freedom to do anything an individual can do provided it is not prohibited by other legislation, as opposed to being limited to the powers explicitly granted to them by law.WEB, The General Power of Competence,weblink Local government Association, 10 November 2018, To be eligible for this, a parish council must meet certain conditions such as having a clerk with suitable qualifications.WEB, The Parish Councils (General Power of Competence) (Prescribed Conditions) Order 2012,weblink legislation.gov.uk, 10 November 2018,Funding
Parish councils receive funding by levying a "precept" on the council tax paid by the residents of the parish (or parishes) served by the parish council. In a civil parish which has no parish council, the parish meeting may levy a council tax precept for expenditure relating to specific functions, powers and rights which have been conferred on it by legislation. In places where there is no civil parish (unparished areas), the administration of the activities normally undertaken by the parish becomes the responsibility of the district or borough council. The district council may make an additional council tax charge, known as a Special Expense, to residents of the unparished area to fund those activities.Local Government Finance Act 1992, section 35 If the district council does not opt to make a Special Expenses charge, there is an element of double taxation of residents of parished areas, because services provided to residents of the unparished area are funded by council tax paid by residents of the whole district, rather than only by residents of the unparished area.Councillors and elections
Parish councils comprise volunteer councillors who are elected to serve for four years. Decisions of the council are carried out by a paid officer, typically known as a parish clerk. Councils may employ additional people (including bodies corporate, provided where necessary, by tender) to carry out specific tasks dictated by the council. Some councils have chosen to pay their elected members an allowance, as permitted under part 5 of the Local Authorities (Members' Allowances) (England) Regulations 2003.WEB,weblink Local Government Act 2000 The Local Authorities (Members' Allowances) (England) Regulations 2003 Reg 30, {{Dead link|date=December 2023 |bot=InternetArchiveBot |fix-attempted=yes }}The number of councillors varies roughly in proportion to the population of the parish.{{citation needed|date=November 2015}} Most rural parish councillors are elected to represent the entire parish, though in parishes with larger populations or those that cover larger areas, the parish can be divided into wards. Each of these wards then returns councillors to the parish council (the numbers depending on their population). Only if there are more candidates standing for election than there are seats on the council will an election be held. However, sometimes there are fewer candidates than seats. When this happens, the vacant seats have to be filled by co-option by the council. If a vacancy arises for a seat mid-term, an election is only held if a certain number (usually ten) of parish residents request an election. Otherwise the council will co-opt someone to be the replacement councillor.The Localism Act 2011 introduced new arrangements which replaced the 'Standards Board regime' with local monitoring by district, unitary or equivalent authorities. Under new regulations which came into effect in 2012 all parish councils in England are required to adopt a code of conduct with which parish councillors must comply, and to promote and maintain high standards. A new criminal offence of failing to comply with statutory requirements was introduced. More than one 'model code' has been published, and councils are free to modify an existing code or adopt a new code. In either case the code must comply with the Nolan Principles of Public Life.Local government: the standards regime in England - Commons Library Standard Note, Accessed 1 May 2015Status and styles
A parish can be granted city status by the Crown. {{As of|2020|}}, eight parishes in England have city status, each having a long-established Anglican cathedral: Chichester, Ely, Hereford, Lichfield, Ripon, Salisbury, Truro and Wells.The council of an ungrouped parish may pass a resolution giving the parish the status of a town,"The council of a parish which is not grouped with any other parish may resolve that the parish shall have the status of a town"WEB,weblink Local Government Act 1972 (c.70), Part XIII, 1972, Revised Statutes, Office of Public Sector Information, 11 September 2010, at which point the council becomes a town council.BOOK, Local government in England and Wales: A Guide to the New System, 1974, HMSO, London, 0-11-750847-0, 158, Around 400 parish councils are called town councils.{{Citation needed|date=April 2020}}Under the Local Government and Public Involvement in Health Act 2007, a civil parish may be given one of the following alternative styles:- community
- neighbourhood
- village
Charter trustees
When a city or town has been abolished as a borough, and it is considered desirable to maintain continuity of the charter, the charter may be transferred to a parish council for its area. Where there is no such parish council, the district council may appoint charter trustees to whom the charter and the arms of the former borough will belong. The charter trustees (who consist of the councillor or councillors for the area of the former borough) maintain traditions such as mayoralty. An example of such a city was Hereford, whose city council was merged in 1998 to form a unitary Herefordshire. The area of the city of Hereford remained unparished until 2000 when a parish council was created for the city. As another example, the charter trustees for the City of Bath make up the majority of the councillors on Bath and North East Somerset Council.Geography
{{Update|section|date=March 2017}}Civil parishes cover 35% of England's population, with one in Greater London and few in the other conurbations. Civil parishes vary greatly in population: some have populations below 100 and have no settlement larger than a hamlet, while others cover towns with populations of tens of thousands. Weston-super-Mare, with a population of 71,758,{{When|date=July 2022}} is the most populous civil parish. In many cases small settlements, today popularly termed villages, localities or suburbs, are in a single parish which originally had one church.Large urban areas are mostly unparished, as the government at the time of the Local Government Act 1972 discouraged their creation for large towns or their suburbs, but there is generally nothing to stop their establishment. For example, Birmingham has two parishes (New Frankley and Sutton Coldfield), Oxford has four, and the Milton Keynes urban area has 24. Parishes could not however be established in London until the law was changed in 2007.A civil parish can range in area from a small village or town ward to a large tract of mostly uninhabited moorland in the Cheviots, Pennines or Dartmoor. The two largest as at December 2023WEB, Statistics, Office for National, 2024-01-04, Parishes and Non Civil Parished Areas (December 2023) Boundaries EW BFE,weblink 2024-01-29, www.data.gov.uk, en, are Stanhope (County Durham) at {{Convert|98.6|sqmi|km2}}, and Dartmoor Forest (Devon) at {{Convert|79.07|sqmi|km2}}. The two smallest are parcels of shared rural land: Lands Common to Axminster and Kilmington (Devon) at {{Convert|0.012|sqmi|km2 ha acre}}, and Lands Common to Brancepeth and Brandon and Byshottles (County Durham) at {{Convert|0.0165|sqmi|km2 ha acre|abbr=out}}. The next two smallest are parishes in built up areas: Chester Castle (Cheshire) at {{Convert|0.0168|sqmi|km2 ha acre}} (no recorded population) and Hamilton Lea (Leicestershire) at {{Convert|0.07|sqmi|km2 ha acre}} (1,021 residents at the 2021 census).Deserted parishes
The 2001 census recorded several parishes with no inhabitants. These were Chester Castle (in the middle of Chester city centre), Newland with Woodhouse Moor, Beaumont Chase, Martinsthorpe, Meering, Stanground North (subsequently abolished), Sturston, Tottington, and Tyneham (subsequently merged). The lands of the last three were taken over by the Armed Forces during World War II and remain deserted.In the 2011 census, Newland with Woodhouse Moor and Beaumont Chase reported inhabitants, and there were no new deserted parishes recorded.WEB, 3 June 2020, Unpopulated civil parishes and communities from the 2011 Census,weblink 28 July 2022, Office for National Statistics,General abolition of anomalies
{{See also|Enclaves and exclaves|Counties (Detached Parts) Act 1844}} Nearly all instances of detached parts of civil parishes (areas not contiguous with the main part of the parish) and of those straddling counties have been ended. 14 examples remain in England as at 2022, including Barnby Moor and Wallingwells, both in Nottinghamshire.WEB, Detached parishes and wards in England - Office for National Statistics,weblink 2024-01-29, www.ons.gov.uk, Direct predecessors of civil parishes are most often known as "ancient parishes", although many date only from the mid 19th century. Using a longer historical lens the better terms are "pre-separation (civil and ecclesiastical) parish", "original medieval parishes" and "new parishes". The Victoria County History, a landmark collaborative work mostly written in the 20th century (although incomplete), summarises the history of each English "parish", roughly meaning late medieval parish. A minority of these had exclaves, which could be:- an enclave within another parish,
- surrounded by more than one other parish, or
- a pene-enclave, partly surrounded by sea.
See also
References
{{reflist}}Further reading
- BOOK, Wright, R S, Hobhouse, Henry, An Outline of Local Government and Local Taxation in England and Wales (Excluding the Metropolis), 1884, W Maxwell & Son, London,
External links
- In praise of ... civil parishes Editorial in The Guardian, 16 May 2011.
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