Rutland's County Status 'Hangs in the Balance' as MP's Amendment is Declined
Rutland's status as a distinct county is once again under threat, according to local MP Alicia Kearns, after the Government declined her crucial amendment aimed at safeguarding the county's identity during upcoming local government reorganisation (LGR).
The issue centres on a decades-old legislative oversight that has left Rutland's ceremonial county status vulnerable to change if its local government structure is merged into a larger body.
The Legislative Time Bomb: Lieutenancies Act 1997
Rutland was re-established as an independent unitary authority in 1997, having been merged into Leicestershire in 1974. However, the legislation that governs ceremonial counties, the Lieutenancies Act 1997, was drawn up before Rutland formally returned to county status.
Because Rutland is not explicitly listed in the 1997 Act as a county for which a Lord-Lieutenant is appointed, its ceremonial status is currently tied to its existence as an independent unitary council.
Should the ongoing Local Government Reorganisation (LGR) proposals proceed to merge Rutland County Council into a larger authority (such as one covering North Leicestershire and Rutland), the ceremonial county status could automatically cease to exist. This would see Rutland lose its Lord-Lieutenant, who acts as the monarch's representative, effectively stripping the area of its historic identity.
MP Calls Declined Amendment a 'Last Opportunity'
Rutland and Stamford MP Alicia Kearns had tabled an amendment to a Government bill likely the English Devolution and Community Empowerment Bill that would have added Rutland to the list in the Lieutenancies Act 1997, ensuring its ceremonial status was protected regardless of any future administrative changes.
The Government's decision to decline this amendment has raised serious alarm bells.
"Alicia Kearns calls it a last opportunity to amend the Lieutenancies Act, where Rutland is missing because it was drawn up before the county returned in 1997."
The MP expressed concern that "time is against us and it will get forgotten" if the opportunity is not taken now, before the administrative reorganisation is finalised.
The push to protect Rutland's identity comes amidst a national programme of LGR, which seeks to create larger unitary councils, often with minimum populations of over 350,000, significantly larger than Rutland's population of around 41,000.
While the administrative future of Rutland is still being debated, the vulnerability of its ceremonial status is a separate, but critical, legislative challenge that requires immediate government action.
Ms. Kearns remains hopeful that another legislative vehicle will become available after the local government reorganisation takes place, but the delay adds uncertainty to the future of England's smallest historic county.
The two issues concerning Rutland's county status—its omission from the Lieutenancies Act 1997 and the name of its local authority—are related to its unique history of being abolished and then restored as a county.
1. Omission from the Lieutenancies Act 1997: A Legislative Anomaly
The omission of Rutland from the Lieutenancies Act 1997 was an oversight or, more accurately, a legislative anomaly stemming from the timing of its restoration as a county.
The Background
Abolition (1974): Rutland was abolished as an administrative county by the Local Government Act 1972 and merged into Leicestershire in 1974.
Along with this, the position of Lord-Lieutenant of Rutland (the King’s representative for the ceremonial county) was also abolished The Act (1997): The Lieutenancies Act 1997 was passed to define the areas of the Lieutenancies (ceremonial counties) in Great Britain.
Critically, this Act was based on the local government map before Rutland was formally restored. Restoration (1997): Rutland was formally restored as a unitary authority (an administrative county) on April 1, 1997, following the recommendations of the Local Government Commission for England.
The Problem
Because the Lieutenancies Act was drawn up concurrently with or just before the administrative changes officially came into effect, it failed to specifically list Rutland as a standalone ceremonial county.
Instead, Rutland's ceremonial status is currently implicitly tied to its existence as an independent unitary authority.
2. Why the "County Council" Name?
Rutland's local authority is called Rutland County Council (officially, Rutland County Council District Council) because it is a unitary authority performing all functions of both a county and a district council.
The Legal Status
Dual Role: Since April 1, 1997, Rutland has been a unitary authority.
This means it performs both the county-level functions (like education, social services, and highways) and the district-level functions (like waste collection and local planning) for its area. Legal Name: Legally, the authority was created as a non-metropolitan district council that simply took on the extra functions of a county council.
Its full legal name is Rutland County Council District Council. Public Name: The council resolved in 1996, ahead of the change, to style itself 'Rutland County Council' for all practical purposes.
This was a nod to its long and proud history as a county, confirming that it was once again responsible for all local government services. The longer official name is generally reserved for only the most essential legal documents.
In short, it is called a "County Council" because it performs the duties of a county council, even though its strict legal classification as part of the 1997 reform process technically classified it as a district council with enhanced powers.
