The 1862 Act did not extend to all areas of England and Wales. Places within the area of the Metropolitan Board of Works, boroughs and towns having local boards could not be grouped into a district. The Isle of Wight and parts of South Wales were also exempt, as special legislation was already in place to establish highway authorities in those areas.
The Act stated that any place adopting the Local Government Act 1858 to form a local board would cease to be part of a highway district. A large number of communities, some with very small populations, quickly chose to form boards and avoid being part of a district. The number of applications was such that the Local Government Act Amendment Act 1863 (26 & 27 Vict., c.17) was passed providing that no local board could be formed after 1 March 1863 with a population of fewer than 3,000, and that any local board which had not appointed a surveyor within three months of formation would be dissolved.
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