Royal Burgh - Abolition and Status Since 1975

Abolition and Status Since 1975

Royal burghs were abolished in 1975 by the Local Government (Scotland) Act 1973. Article XXI of the Act of Union 1707, which states "That the Rights and Privileges of the Royal Boroughs in Scotland as they now are Do Remain entire after the Union and notwithstanding thereof", has been deemed by Her Majesty's Government to be abrogated by the 1973 Act. The towns are now sometimes referred to officially as "former royal burghs", for instance by the Local Government Boundary Commission for Scotland.

The issue of the future status of royal burghs was discussed during debate on the Local Government Bill. In the Commons on 4 December 1972 Ronald Murray (MP for Edinburgh, Leith) stated

Most of the well-known cities and towns of Scotland became royal burghs by Charter. The Bill does not say that those Charters are removed or are of no legal effect, but Schedule 24 repeals the legislation upon which they appear to stand. I hope that the Government do not intend to abolish entirely the ancient rights of royal burghs, at least to be royal burghs.'

In June 1973, David Steel (MP for Roxburgh, Selkirk and Peebles), unsuccessfully introduced an amendment that

the title of "Provost" shall attach to the chairman of any community council which is based on any existing burgh .. to .. carry forward a title which appears, for example, in the Royal Charters of those burghs".

In 1977 Alick Buchanan-Smith (MP for North Angus and Mearns) asked Frank McElhone, Parliamentary Under-Secretary of State for Scotland:

why a community council for a former Royal burgh is not able to use the words "Royal Burgh" in its title; and what scope there is for the continuance of historical titles under the present organisation of local authorities.

In reply McElhone stated:

The title which may be used by a community council is a matter for the district council to decide when drawing up the scheme for community councils in its area. Section 23 of the Local Government (Scotland) Act 1973 governs any change of name of region, islands or district councils. There is no statutory ban to the continuance of historic titles for other purposes.

Accordingly some community councils established since 1975 have the term "Royal Burgh" incorporated in their title. Lord Lyon has permitted the armorial bearings of a number of royal burghs to be rematriculated by community councils.

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