Lieutenancies Act 1997
1997 CHAPTER 23
An Act to consolidate certain enactments relating to the lieutenancies in Great Britain.
[19th March 1997]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
S-1
Lieutenancies in Great Britain.1 Lieutenancies in Great Britain.
(1) A lord-lieutenant shall be appointed by Her Majesty for each
county in England, each county in Wales and each area in Scotland
(other than the cities of Aberdeen, Dundee, Edinburgh and Glasgow).
(2) The Lord Provost of each of the cities of Aberdeen, Dundee
Edinburgh and Glasgow is, by virtue of his office, lord-lieutenant for
that city.
(3) Her Majesty may appoint lieutenants (in addition to the
lord-lieutenant) for any county or area.
(4) Schedule 1 to this Act (which identifies the areas which are counties in England and Wales and
areas in Scotland for the purposes of the lieutenancies) shall have
effect and in this Act ‘county’ and ‘area’ shall be construed
accordingly.
2 Deputy lieutenants.
(1) The lord-lieutenant of a county or area shall appoint such
persons as he thinks fit to be his deputy lieutenants.
(2) A person
may only be appointed as a deputy lieutenant of a county or area if—
(a) he is shown to have rendered appropriate service and
(b) he has a place of residence in, or within 7 miles from the
boundary of, that county or area.
(3) In subsection (2) ‘appropriate service’ means either worthy
service as a member of, or in a civil capacity in connection with, Her
Majesty's naval, military or air forces or such other service as makes
a person suitable for appointment as a deputy lieutenant.
(4) The
lord-lieutenant of a county or area shall notify to Her Majesty the
name of any person whom he proposes to appoint as a deputy lieutenant
and a commission as deputy lieutenant shall not be granted to that
person until the lord-lieutenant has been informed by the Secretary of State that
Her Majesty does not disapprove of the granting of the commission.
(5) A commission as deputy lieutenant of a county or area is not vacated
by reason that the person who granted it dies or otherwise ceases to
hold office as lord-lieutenant.
(6) A commission as deputy lieutenant
of a county or area may be revoked by the lord-lieutenant of that
county or area and the lord-lieutenant shall revoke the commission
forthwith on being informed of Her Majesty's pleasure that it be revoked.
(7) The clerk of the lieutenancy of a county or area shall arrange for the
publication in the London Gazette or, as the case may be, the
Edinburgh Gazette of the names of the persons appointed deputy
lieutenants for that county or area, with the dates of their
commissions.
S-3
Vice lord-lieutenants.3 Vice lord-lieutenants.
(1) The lord-lieutenant of a county or area may, with Her
Majesty's approval, appoint a lieutenant or deputy lieutenant of that
county or area as his vice lord-lieutenant.
(2) If a lord-lieutenant
who has appointed a vice lord-lieutenant dies or otherwise ceases to
hold office, the commission of the vice lord-lieutenant is vacated on
the appointment of a new lord-lieutenant for the county or area
concerned.
(3) A commission as vice lord-lieutenant of a county or
area may, with
the approval of Her Majesty, be revoked by the lord-lieutenant who
granted it and the lord-lieutenant shall revoke the commission
forthwith on being informed of Her Majesty's pleasure that it be
revoked.
(4) Without prejudice to Her Majesty's power to make other
provision under section 4, if—
(a) the lord-lieutenant of a county or
area is absent from the county or area, sick or otherwise unable to
act or
(b) there is a vacancy in the office of lord-lieutenant for a county
or area
the vice lord-lieutenant of that county or area shall stand for all
purposes in the lord-lieutenant's place and, accordingly, may do
anything which may be done by the lord-lieutenant.
S-4
Absence, etc. of lord-lieutenant.4 Absence, etc. of lord-lieutenant.
(1) If—
(a) the lord-lieutenant of a county or area is absent from the United
Kingdom, sick or otherwise unable to act or
(b) there is a vacancy in the office of lord-lieutenant of a county
or area
Her Majesty may authorise any three deputy lieutenants or lieutenants
of that county or area to act as its lord-lieutenant.
(2) During the
period for which they are authorised to act, the persons authorised
under this section shall stand for all purposes in the
lord-lieutenant's place and, accordingly, may do anything which may be
done by the lord-lieutenant.
S-5
Appointment of clerks of lieutenancies.5 Appointment of clerks of lieutenancies.
(1) There shall be a clerk of the lieutenancy for each county or
area, appointed by the lord-lieutenant.
(2) The lord-lieutenant of a
county or area may revoke the appointment of the clerk of the
lieutenancy.
S-6
Functions of lord-lieutenant, lieutenants and deputy lieutenants.6 Functions of lord-lieutenant, lieutenants and deputy lieutenants.
6. The lord-lieutenant, lieutenants (if any) and deputy lieutenants of a county or area shall have such functions and privileges (whether provided for under any enactment or otherwise) as are for the time being exercisable by or vested in the lord-lieutenant, lieutenants and deputy lieutenants respectively of that county or area.
S-7
Commissioners of lieutenancy for the City of London.7 Commissioners of lieutenancy for the City of London.
(1) Her Majesty may issue commissions of lieutenancy in respect of
the City of London to such persons as She thinks fit to be the
Commissioners of Lieutenancy for the City of London (in this section
referred to as ‘the commissioners’).
(2) For the purposes of the
application of sections 5 and 6 to the City of London, the
commissioners shall be treated as if they were the lord-lieutenant of
a county.
(3) Nothing in this Act affects the raising and levying of
the Trophy Tax in th
e City or any other functions or privileges of the commissioners
(whether provided for under any enactment or otherwise).
(4) The
proceeds of the Trophy Tax may be applied by the commissioners (if
they see fit to do so) for any of the purposes of a territorial and
volunteer reserve association established under Part XI of the Reserve Forces Act 1996
for an area including the City of London.
(5) For the purposes of the law relating to, or to matters connected with, the
lieutenancies the
City of London includes the Inner Temple and the Middle Temple.
S-8
Consequential amendments, transitional provisions, repeals and revocation.8 Consequential amendments, transitional provisions, repeals and revocation.
(1) In section 61 of the Local Government (Wales) Act 1994
(lieutenancies)—
(a) in subsection (2), for the words ‘section 130 of
the Act of 1980’ there shall be substituted the words ‘section 1 of
and Schedule 1 to, the Lieutenancies Act 1997’ and
(b) in subsection (3), for the words ‘Act of 1980’ there shall be
substituted the words ‘Lieutenancies Act 1997’.
(2) In section 9 of the Reserve Forces Act 1996 (enlistment) for the
words ‘Part VI of the Reserve Forces Act 1980’ there shall be
substituted the words ‘the Lieutenancies Act 1997’.
(3) Schedule 2 to
this Act (which contains transitional provisions and savings) shall
have effect.
(4) The enactments mentioned in Schedule 3 to this Act
(which include some spent enactments) are repealed to the extent
specified in the third column of that Schedule.
(5) Regulation 9 of
the Local Government Changes for England (Miscellaneous Provision) Regulations 1995
is hereby revoked.
S-9
Short title, commencement and extent.9 Short title, commencement and extent.
(1) This Act may be cited as the Lieutenancies Act 1997.
(2) This Act shall come into force on 1st July 1997.
(3) Any amendment, repeal
or revocation made by this Act has the same extent as the provision
amended, repealed or revoked.
(4) Subject to subsection (3), this Act
does not extend to Northern Ireland.
S C H E D U L E S
SCHEDULE 1
BritainCounties and areas for the purposes of the lieutenancies in Great
Preliminary
1. The provisions of this Schedule identify the areas which constitute counties in England, counties in Wales or areas in Scotland for the purposes of the lieutenancies in Great Britain.
Counties in England
2. The counties in England for the purposes of this Act are—
(a) Greater London (excluding the City of London)
(b) the areas which are to be regarded as counties for those purposes
by virtue of paragraph 3 and
(c)any other areas in England which are counties for the purposes of the Local Government Act 1972.
3. The local government areas (or parts of local government areas) described in each entry in the second column of the following Table shall be regarded for the purposes of this Act as one county to be known by the name specified in the first column.
Table
County for the purposes of this Act |
Local government areas |
Bedfordshire |
Bedfordshire and Luton |
Buckinghamshire |
Buckinghamshire and Milton Keynes |
Derbyshire |
Derbyshire and Derby |
Dorset |
Dorset, Bournemouth and Poole |
Durham |
Durham, Darlington, Hartlepool and so much of Stockton-on-Tees as lies
north of the line for the time being of the centre of the River Tees |
The East Riding of Yorkshire |
The East Riding of Yorkshire and Kingst
on upon Hull (City of) |
East Sussex |
East Sussex and Brighton and Hove |
Gloucestershire |
Gloucestershire and South Gloucestershire |
Hampshire |
Hampshire, Portsmouth and Southampton |
Leicestershire |
Leicestershire and Leicester |
Lincolnshire |
Lincolnshire, North Lincolnshire and North
East Lincolnshire |
North... |
