The First Scheme does not authorise properties to be named as an alternative to numbering. The wording should be contrasted with:
- certain Local Acts (e.g. Oxfordshire Act 1985 and Greater Manchester Act 1981) which refer to numbering properties or marking with another mark (which is considered to cover a name); and
- the 1939 Act which explicitly refers to numbering and/or naming a property.
Local authorities who rely on the First Scheme or a Local Act that only refers to numbering properties and not naming, could use Section 111, Local Government Act 1972 to authorise naming a property on the basis that the naming is incidental to the numbering function under the First Scheme or the Local Act.
Under the First Scheme the local authority would still have to number the property to be compliant with their duty but could add a name in addition to the number.
The situation is slightly different under a Local Act where numbering is often a power. However, for consistency it is advised that properties with a name should still be numbered.
As Section 111 is a power, authorities could use Section 93, Local Government 1972 to charge for the separate property naming application.
Naming of a property through this route would not dislodge the numbering under the First Scheme which would remain the main official designation. Since some local authorities are making a charge for naming properties they should consider very carefully the implications of their actions because if an applicant is being asked to pay for a name then they would then logically expect, at least, the authority to use it officially – although this would have to be in addition to the number rather than in place of it.”