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Wormwood Scrubs Act 1879

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Wormwood Scrubs Act 1879[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to provide for the user and regulation of certain Lands at Wormwood Scrubs.
Citation42 & 43 Vict. c. clx
Territorial extent United Kingdom
Dates
Royal assent21 July 1879
Commencement21 July 1879[b]
Other legislation
Relates to
Status: Current legislation
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted
Text of the Wormwood Scrubs Act 1879 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Wormwood Scrubs Act 1879 (42 & 43 Vict. c. clx) is a local act of the Parliament of the United Kingdom that laid down the conditions under which Wormwood Scrubs in west London was to be owned by the British Army. The act vested the land to the Metropolitan Board of Works, to be maintained as a place of public recreation, subject to the rights of use by the military.[1][2][3]

Background

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In 1812, the War Office (now the Ministry of Defence) leased an area of 77 hectares (190 acres) from the Manor of Fulham in order to exercise cavalry horses, which until then had been exercised in Hyde Park, Belgrave Square – then known as Five Fields – and Regent's Park – then known as St. Marylebone's Park.[4][5] The original twenty-five year lease was subsequently extended in 1829,[5] with the War Office paying £150 to the commoners each year.[6]

In 1872, the War Office purchased 193 acres (0.78 km2) for a total cost of £52,615,[7] with a view to "create a metropolitan exercising ground in pursuance of the Military Forces Localisation Act 1872 (35 & 36 Vict. c. 68),[8][9] sufficiently large enough for military training close to the centre of the expanding London metropolis.[9]

Land purchases
Land Area Previous Owners Purchase Price
Common land known as Wormwood Scrubs 135 acres (0.55 km2)[7][8] Manor of Fulham[10] £27,000[7]
Adjacent inclosed land 53 acres (0.21 km2)[8] Various freeholders[10] £25,615[7][11]
5 acres (0.020 km2)[8] Great Western Railway Company[10]

In 1874, concerns were raised in Parliament over the attempts by the War Office to acquire absolute rights from the land's copyholders, leading to the possible future exclusion of the public from the common land.[12]

In 1876, the War Office made a proposal to the Metropolitan Board of Works to vest the land to the Board, on the condition that the Board drain and maintain the area as an open space for the benefit of the public, subject to the use of the British Army.[6][7]

The Board applied to the Inclosure Commissioners for a scheme under the Metropolitan Commons Act 1866 (29 & 30 Vict. c. 122), but were informed they would be unable to extend the scheme to the freehold land, leading to the need to introduce a bill for that purpose.[7]

Passage

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Leave to bring in the Wormwood Scrubs Regulation Bill to the House of Commons was granted to the Financial Secretary to the Treasury, Sir Henry Selwin-lbbetson MP and the Financial Secretary to the War Office,Colonel Loyd Lindsay MP on 8 July 1878.[13][14] The bill had its first reading in the House of Commons on 8 July 1878, presented by Sir Henry Selwin-lbbetson MP and was referred to the Examiners of Petitions for Private Bills, which reported on 12 July 1878.[13] The bill was withdrawn on 31 July 1878, before a second reading.[13]

Leave to bring in the re-introduced Wormwood Scrubs Regulation Bill to the House of Commons was granted to the Financial Secretary to the War Office,Colonel Loyd Lindsay MP, the Secretary of State for War, Frederick Stanley MP and Lord Eustace Cecil on 4 March 1879.[13][15] The bill had its first reading in the House of Commons on 4 March 1879, presented by Colonel Loyd Lindsay MP, and was referred to the Examiners of Petitions for Private Bills, which reported on 17 March 1879.[13] The bill had its second reading in the House of Commons on 18 March 1879 and was committed to a select committee.[13] George Shaw Lefevre MP, Alexander Hamilton-Gordon MP, Colonel Nigel Kingscote MP and Colonel Loyd Lindsay MP were appointed to the committee on 16 May 1879.[13] The committee met reported on 11 June 1879, with amendments to strengthen the rights of and compensation to the copyholders of the Manor of Fulham.[13] The amended bill was re-committed to a committee of the whole house, which met and reported on 19 June 1879, without amendments.[13] The bill had its third reading in the House of Commons on 23 June 1879 and passed, without amendments.[13]

The bill had its first reading in the House of Lords on 24 June 1879.[16] The text of the bill was opposed in a petition by the copyholders of the Manor of Fulham, who requested insertion of clauses for their protection.[16] The bill had its second reading in the House of Lords on 30 June 1879 and was committed to a select committee on 1 July 1879, which was discharged on 8 July 1879.[16] The bill was committed to the consideration of the Chairman of Committees, which reported on 10 July 1879, without amendments.[16] The bill was re-committed to a committee of the whole house,[16] which met and reported on 11 July 1879, without amendments.[16] The bill had its third reading in the House of Lords on 14 July 1879 and passed, without amendments.[16]

The bill was granted royal assent on 21 July 1879.[16]

Provisions

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Section 2 of the act vested the land to the Metropolitan Board of Works and its successors.[8]

Section 3 of the act required the Metropolitan Board of Works to ensure that alongside military training, the land could be given over to "the perpetual use thereof by the inhabitants of the metropolis for exercise and recreation".[8] The section prevented the Army from building any "permanent erections" other than rifle butts and "their related appurtenances". The section also banned military training on public holidays without the consent of the Metropolitan Board of Works.

Section 4 of the act gave the Metropolitan Board of Works and its successors the ability to maintain and improve the land, although any such scheme must be referred to the War Office or its successors for approval. The section allowed both parties to appoint adjudicators to umpire approval disagreements.[8]

Section 5 of the act gives rights and authority to the public, the Army and the Metropolitan Board of Works and its successors.[8]

Section 6 of the act gave the Metropolitan Board of Works the authority to pass by-laws over the area, while the Army can prohibit entry by civilians on pain of fines or imprisonment during periods of military training.[8]

Section 7 of the act provided that expenses of the Metropolitan Board of Works under the act would be considered expenses under the Metropolis (Management) Act 1855 (18 & 19 Vict. c. 120), as amended.[8]

Section 8 of the act protected the public's right to enjoy Wormwood Scrubs in perpetuity – it may not be taken back wholesale by the military or sold unless the area "ceases to be used by the citizens of London".[8]

Section 9 of the act provided that compensation for any estate, interest, or right in Wormwood Scrubs common that was taken away or injuriously affected would be paid as if under the Metropolitan Commons Act 1866 (29 & 30 Vict. c. 122), with the Metropolitan Board of Works responsible for payment and specific provisions for copyholders through the homage jury of the Manor of Fulham.[8]

Developments to the common

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The principal work carried out on Wormwood Scrubs was a complete system of under-drainage to address flooding, including knee-deep water experienced by soldiers at military ranges in the common.[10]

A 22 acres (0.089 km2) portion of the original common severed by from the remainder by the West London Railway, known as Little Wormwood Scrubs, remained under the ownership of the Ecclesiastical Commissioners on copyhold from the Manor of Fulham.[10] In 1886, the Metropolitan Board of Works (Various Powers) Act 1886 (49 & 50 Vict. c. cxii) was passed, which vested the area to the Metropolitan Board of Works for a purchase price of £2,000.[10] Improvements to the Little Scrubs were carried out in 1893–94, including widening and installing weirs on the stream, paving and landscaping.[10]

Attempts have been made to construct permanent structures on Wormwood Scrubs, for example temporary smallpox hospital in 1881[17] housing developments in 1947,[18] and an airport terminal for Scottish Airlines in 1956.[19]

In 2005, the government made clear that the act is still adhered to by all parties, and that the military does still use the area for training.[20] Several rifle butts, being the only class of permanent structure permitted to be erected by the act, survive to this day, including as a wall in the Linford Christie Stadium.[4]

Governance

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The act remains in force today and governs the operation of the Wormwood Scrubs, alongside the Commons Act 2006.[21]The Ministry of Defence succeeded the War Office and following the disbandment of the Metropolitan Board of Works, responsibility for the management of Wormwood Scrubs fell to its successors, the London County Council on 21 March 1889, the Greater London Council on 1 April 1965 and eventually to the Hammersmith and Fulham London Borough Council on 1 April 1986.[22]

Pursuant to a scheme of the Charity Commissioners dated 25 March 2002, the Wormwood Scrubs is managed by the Wormwood Scrubs Charitable Trust.[23] The Hammersmith and Fulham London Borough Council acts as the sole corporate trustee and manages the trust through the Wormwood Scrubs Charitable Trust Committee.[24][25]

The act was appended by a memorandum of understanding between the Ministry of Defence and the Greater London Council on 1 October 1980 that set out which party has responsibility for carrying out and paying for improvements to the land under certain circumstances.[26]

Notes

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  1. ^ Section 1.
  2. ^ The Acts of Parliament (Commencement) Act 1793.

References

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  1. ^ Firth, Joseph Firth Bottomley; Simpson, Edgar B. (1888). London Government Under the Local Government Act, 1888. Knight. pp. 348–349.
  2. ^ Britain, Great; Bazalgette, Charles Norman; Humphreys, George (1888). The Law Relating to County Councils: Being the Local Government Act, 1888, County Electors Act, 1888, the Incorporated Clauses of the Municipal Corporations Act, 1882, and a Compendious Introduction and Notes : with Analysis of Statutes Affecting the Same, Financial Statements, Orders in Council, Circulars, and a Copious Index. Stevens and Sons. p. 334.
  3. ^ Health: A Weekly Journal of Medicine and Surgery, Diet and Sanitary Science. 'Health' Publishing. 1884. p. 212.
  4. ^ a b "Wormwood Scrubs open space | London Borough of Hammersmith & Fulham". www.lbhf.gov.uk. Retrieved 4 March 2025.
  5. ^ a b "Fulham Manorial Court grants lease of 190 acres at Wormholt (Wormwood) Scrubs to army 1812, for cavalry exercise previously carried out in Hyde Park, Five Fields (Belgrave Square) and St. Marylebone (Regents) Park. Lease renewed 1829.". WO 43 - War Office: Secretary-at-War, Correspondence, Very Old Series (VOS) and Old Series (OS), ID: WO 43/571. The National Archives.
  6. ^ a b Commons, Great Britain Parliament House of (1879). Parliamentary Papers. Vol. 58. H.M. Stationery Office.
  7. ^ a b c d e f Commons, Great Britain Parliament House of (1878). Accounts and Papers of the House of Commons. Vol. 65. Ordered to be printed. pp. 31–32.
  8. ^ a b c d e f g h i j k l "Wormwood Scrubs Act 1879", legislation.gov.uk, The National Archives, Vict/42-43 c. 160
  9. ^ a b Around the Bush (Millennium ed.). London: Shepherds Bush Local History Society. 1998. pp. 36–37. ISBN 0950942103.
  10. ^ a b c d e f g Sexby, J. J. (John James) (1905). The municipal parks, gardens, and open spaces of London; their history and associations. University of California Libraries. London : E. Stock. pp. 608–614.
  11. ^ The British Almanac. Vol. 54. Stationers' Company. 1881. p. 94.
  12. ^ "Question". Parliamentary Debates (Hansard). Vol. 218. Parliament of the United Kingdom: House of Commons. 16 April 1874. col. 630.
  13. ^ a b c d e f g h i j Commons, Great Britain House of (1878). The Journals of the House of Commons (PDF). Vol. 133. pp. 340, 348, 350, 358, 363, 374, 385, 395.
  14. ^ Commons, Great Britain Parliament House of (1878). Parliamentary Papers. Vol. 9. H.M. Stationery Office.
  15. ^ Commons, Great Britain Parliament House of (1879). Public Bills. Vol. 7.
  16. ^ a b c d e f g h Lords, Great Britain Parliament House of (1879). The Journals of the House of Lords. Vol. 111. H.M. Stationery Office. pp. 63, 267, 268, 275, 277, 279, 280, 282, 291, 296, 299, 302, 306, 311, 334, 485.
  17. ^ "Public Health—Small-Pox (Metropolis)". Parliamentary Debates (Hansard). Vol. 261. Parliament of the United Kingdom: House of Commons. 9 May 1881. col. 25–26.
  18. ^ Municipal Journal, Public Works Engineer and Contractors' Guide. 1947. p. 1484.
  19. ^ Flight and Aircraft Engineer: Official Organ of the Royal Aero Club. 1956. pp. 123, 155.
  20. ^ "House of Commons Hansard Written Answers for 28 Jun 2005 (pt 4)". publications.parliament.uk. Retrieved 3 March 2025.
  21. ^ "Have your say on the draft local plan for Old Oak and Park Royal". opdc.commonplace.is. Retrieved 4 March 2025.
  22. ^ "The Local Government Reorganisation (Property etc.) Order 1986", legislation.gov.uk, The National Archives, SI 1986/148
  23. ^ "WORMWOOD SCRUBS CHARITABLE TRUST - Charity 1033705". prd-ds-register-of-charities.charitycommission.gov.uk. Retrieved 4 March 2025.
  24. ^ "Committee details - Wormwood Scrubs Charitable Trust Committee". www.lbhf.gov.uk. 4 March 2025. Retrieved 4 March 2025.
  25. ^ Hammersmith & Fulham, London Borough of. "Scheme of Delegation" (PDF).
  26. ^ "Byelaws for pleasure grounds, public walks and open spaces | London Borough of Hammersmith & Fulham". www.lbhf.gov.uk. Retrieved 4 March 2025.
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