Prior to the relevant provisions of the Local Government Act 1972 (1972 Act), the following legislative schemes were in force alongside each other:
- Towns Improvement Clauses Act 1847 and Public Health Act 1875 (The First Scheme)
- Public Health Acts Amendment Act 1907
- Public Health Act 1925
- Local Acts
- London Building Acts (Amendment) Act 1939
There is significant element of cross over between these schemes. The Local Government Act 1972 (1972 Act) attempted to introduce order by effectively allowing local authorities to choose which scheme or combination of schemes would apply.
The 1972 Act provides that only the 1939 Act applies in London but the following combination of functions may apply across England and Wales. The description of powers and duties relate to how the legislation is currently in force in 2025.
The Levelling-up and Regeneration Act 2023 now governs the alteration of street names in England (including London). The other relevant legislative schemes have been amended to accommodate this.
Brief outline of the acts
The 1847 Act and the 1875 Act - jointly the First Scheme:
Towns Improvement Clauses Act 1847 and Public Health Act 1875
- A duty to cause houses/buildings to be marked with such numbers as the authority thinks fit. Neither house or building are further defined and would likely be given a wide interpretation as a result.
- A duty to cause to be put up or painted the name by which a street is to be known; and
- Occupiers to mark properties with such numbers as the authority approves of and to renew the marking.
The 1907 Act:
Public Health Acts Amendment Act 1907 (Wales only)
- A power to alter a street name following a local “referendum”; and
- A power to put up a street name sign/marking.
The 1925 Act:
Public Health Act 1925
- Allows notice of proposed street names to be given to the local authority and a power to the authority to object.
- A power to the local authority to assign a street a name or (in Wales only) alter an existing street name by order following notice by the local authority; and
- A duty on the local authority to paint/ mark the street name and renew it when it becomes illegible.
The 1939 Act:
London Building Acts (Amendment) Act 1939
Only applies in London (the inner and outer London Boroughs and the City of London):
- Allows notice of proposed street names to be given to the local authority and a power to the authority to object.
- A power to the local authority to assign a street, way, place, row of houses or block of buildings a name or alter (subject to the requirements of the 2023 Act) an existing name by order following notice by the local authority and consideration of objections. Where the power is exercised to alter an existing street name then this is subject to section 81, 2023 Act and the necessary support must be demonstrated.
- A duty to cause the name of the street, way, place, row of houses or block of buildings to be set up and kept set up.
- A power to the local authority by order (following notice by the authority) to specify that any building (the term building is not further defined – but there are a limited number of specific exclusions set out in the legislation) in a street, way, place, row of houses, or block of buildings shall have a number or name or number and name and duty (where such an order is made) to give notice to the owner/occupier to mark the building in accordance with the designation given in the order. No preference is expressed in the legislation regarding whether a number or name or both should be specified.
2023 Act:
Levelling-Up and Regeneration Act 2023 (England only)
- Power to a local authority (outside London) to alter the name of a street (or part of a street) by order if the alteration has the necessary support.
- Power to that local authority to cause the altered name to be painted or marked.
England
Legislation |
Brief Outline |
Combination of Legislative Schemes |
||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
||
The First Scheme |
Street Naming
|
✔ | ✔ | ✔ | ✔ | |||||
Property Numbering
|
✔ | ✔ | ✔ | ✔ | ||||||
1907 Act |
Street Naming
|
The relevant provisions of the 1907 Act does not apply in England. | ||||||||
1925 Act |
Street Naming
|
✔ | ✔ | ✔ | ✔ | ✔ | ||||
|
✔ | ✔ | ✔ | |||||||
|
✔ | ✔ | ✔ | |||||||
1939 Act |
Street Naming
|
✔ | ||||||||
Property Numbering
|
✔ | |||||||||
Local Acts |
Street Naming
|
✔ | ||||||||
Property Numbering
|
✔ | ✔ | ✔ | ✔ | ||||||
2023 Act |
Street Re-naming
|
Applies to every local authority in England outside of London (in London the 2023 Act amends powers under the 1939 Act) |
Wales
Legislation |
Brief Outline |
Combination of Legislative Schemes |
|||||||
---|---|---|---|---|---|---|---|---|---|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
||
The First Scheme |
Street Naming
|
✔ | ✔ | ✔ | ✔ | ||||
Property Numbering
|
✔ | ✔ | ✔ | ✔ | |||||
1907 Act |
Street Naming
|
✔ | ✔ | ✔ | ✔ | ||||
|
✔ | ✔ | ✔ | ✔ | |||||
1925 Act |
Street Naming
|
✔ | ✔ | ✔ | ✔ | ✔ | |||
|
✔ | ✔ | ✔ | ||||||
|
✔ | ✔ | ✔ | ||||||
Local Acts |
Street Naming
|
✔ | |||||||
Property Numbering
|
✔ | ✔ | ✔ | ✔ |
It is important the SNN Officer knows which combination of the schemes has been adopted by their local authority. This will help to ensure the correct processes are being followed in terms of consultation, enforcement action and whether charges can be made.
SNN Officers are recommended to seek advice from their legal teams where clarification is required.