Listed in the supplementary provisions that a Structural Change Order (SCO) created under section 7 of the Local Government and Public Involvement in Health Act 2007 (2007 Act) can contain is the establishment of charter trustees. 

But what are they and what do they do?

The Charter Trustees Regulations 2009 (2009 Regulations) made under sections 14 and 240 (10) of the 2007 Act, provide detailed rules for their operation.

Charter trustees are a corporate body created as part of the SCO for a new council following a request by the outgoing council as part of their Local Government Reorganisation (LGR) proposal.

Charter trustees are created to maintain and promote the historic and ceremonial traditions for the area when LGR provides no suitable local government body, such as a parish council, to preserve historic rights and traditions previously enjoyed in the council areas which will be abolished. With the current LGR proposals for large unitary councils, there will inevitably be areas where these historic and ceremonial matters, if transferred to the new unitary authority, will lose their value and place. If there is no parish or town council to undertake these matters, charter trustees may be the answer. 

Charter trustees are established for the whole or part of the area of a predecessor council and any property of that council (and any rights and liabilities in respect of that property) which are historic and ceremonial, and relate to the charter trustee area shall, on vesting day, vest in those charter trustees.

Property is obviously land and buildings but also includes charters, insignia and plate. The charter trustees shall be responsible for maintaining and securing such historic property to ensure the continuation of the civic, historic and ceremonial traditions of the former area. 

Trustee members are usually councillors from the new unitary authority who are elected to represent the area within the boundaries of the former local government area.  Their duties are limited to ceremonial activities such as the election of a civic mayor and various other functions depending upon local customs and laws of the area. 

Charter trustees must hold an annual meeting within 21 days of the unitary authority’s annual meeting and they are subject to rules on property, funding, audit, and statutory compliance, as outlined in the 2009 Regulations. However, charter trustees do not have any powers over local services or governance like a parish or town council would.

There are currently 17 existing charter trustee bodies; Taunton, Carlisle and Scarborough being the most recently created in 2023. Charter trustees are intended to be a temporary arrangement, but unless they are replaced by a parish or town council, they will continue to maintain and promote the historic and ceremonial traditions for the area. Worksop has had a charter trustee since the last major LGR in 1974!

Find out more by visiting our LGR hub.