The Wormwood Scrubs Act 1879 (42 & 43 Vict. c. clx) is a local act of the Parliament of the United Kingdom to lay down the conditions under which Wormwood Scrubs in west London was to be owned by the British Army.
Background
In 1879, the War Office (now the Ministry of Defence) bought 135 acres (0.55 km2) of land known as Wormwood Scrubs and 58 acres (0.23 km2) of adjacent inclosed land to "create a metropolitan exercising ground in pursuance of the Military Forces Localisation Act 1872".[1] The purchase was designed to ensure that a sufficiently large area of land was usable for military training close to the centre of the expanding London metropolis.
Provisions
Section 2 of the act vested the land to the Metropolitan Board of Works and its successors.[1]
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".[1] 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.[1]
Section 5 of the act act gives rights and authority to the public, the Army and the Metropolitan Board of Works and its successors.[1]
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.[1]
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, as amended.[1]
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".[1]
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, with the Metropolitan Board of Works responsible for payment and specific provisions for copyholders through the homage jury of the Manor of Fulham.[1]
Legacy
The act remains in force today. The London Borough of Hammersmith and Fulham succeeded the Metropolitan Board of Works as civilian trustees of Wormwood Scrubs, and the Ministry of Defence succeeded the War Office.
The act was appended by a memorandum of understanding between the Ministry of Defence and the Greater London Council on 1 October 1980. This sets out which party has responsibility for carrying out and paying for improvements to the land under certain circumstances. 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.[2]
Notes
- ^ Section 1.
- ^ The Acts of Parliament (Commencement) Act 1793.
References
- J J Sexby. The Municipal Parks, Gardens, and Open Spaces of London. Elliot Stock. 1905. p 609. [1].
- F G Heath. "Parks, Gardens and Open Spaces in and around London". Companion to the Almanac; or, Year-Book of General Information for 1881. Fifty-Fourth Year. Printed for the Company of Stationers. p 82 at pp 94 and 95.
- George Howell, "Public Parks and Open Spaces" (1884) 3 Health 211 at 212 (11 July 1884)
- Firth and Simpson. London Government under the Local Government Act, 1888. Knight and Co. 1888. pp 336, 348 & 349.
- Bazalgette and Humphreys. The Law Relating to County Councils. Stevens and Sons. 1888. p 334.
- (1947) 55 The Municipal Journal & Local Government Administrator 1484 (29 August 1947)
- "Wormwood Scrubbed?" (1956) 69 Flight and Aircraft Engineer 155 (10 February 1956)
- ^ a b c d e f g h i "Wormwood Scrubs Act 1879", legislation.gov.uk, The National Archives, Vict/42-43 c. 160
- ^ "House of Commons Hansard Written Answers for 28 Jun 2005 (pt 4)". publications.parliament.uk. Retrieved 3 March 2025.