Post by Peter Constantinehttp://www.bbc.co.uk/news/uk-england-kent-21475707
...interesting that in its response the College of Arms appears to cite
the Local Government Act of 1972 rather than any heraldic law.
Maybe the story has got distorted. However, all that should be required is an Order in Council under the Local Government Act 1972. The most recent of many such was only last year - The Local Authorities (Armorial Bearings) Order 2012 (2012 No. 1760) - to another Town Council, Ludlow.
Section 247 of the Local Government Act 1972 does not determine that Deal may not use the earlier Deal arms because of the removal of Walmer.
<quote>
247 Transfer of armorial bearings from old to new authorities.
(1)Subject to subsection (2) below, Her Majesty may by Order in Council authorise any new local authority specified in the Order to bear and use any armorial bearings which may be so specified and which, immediately before 1st April 1974, were lawfully borne and used by an existing local authority which ceases to exist by virtue of section 1 of section 20 above.
(2)An Order in Council under this section shall provide that before any armorial bearings of an existing local authority may be borne and used by a new local authority in accordance with the Order, they shall be exemplified according to the laws of arms and recorded in the College of Arms.
<\quote>
http://www.legislation.gov.uk/ukpga/1972/70/section/247
Nothing there about only a coterminous body with no changes at all in their boundary! Nor anything about having the same responsibilities nor being the principal new or successor council. There are many minor changes to boundaries which do not deprive a body of its previous arms.
I think that may be being argued is that the principal successor council to Deal Borough Council in 1974 was Dover District Council which covers the area. Deal Town Council was only formed in 1996 with lesser powers, albeit this must have been under powers granted to Dover in the 1972 Act to create parish and town councils.
Deal Town Council still holds the royal charter of 13 Oct 1699 that gave Deal the standing of "A Borough and a Market Town" in the Town Hall, itself an historic building bearing the arms over the door, so I do not see these being taken down. Deal also has a Town Mayor. If I were the Town Mayor I would be seeking to take this further.
The Court of Chivalry is not the only legal body controlling heraldry in England. For municipal heraldry, application of the Local Government legislation is not in the gift of the College of Arms (though they are the place of record) but of the Department for Communities and Local Government and I am sure Eric Pickles would love to announce "another major milestone in the transfer of power to local communities".
Derek Howard