Commentary on Sections
Section 5– Revocation by the Welsh Ministers
7.Section 5 recasts, in part, section 236B of the 1972 Act. It confers a power on the Welsh Ministers to make an order revoking a byelaw which they conclude is obsolete. The intention behind this provision is that the power of the Welsh Ministers will only be used where the power to revoke the byelaw, or the identity of the authority which should otherwise revoke the byelaw, is unclear. Prior to making an order to revoke a byelaw the Welsh Ministers must consult with any person including a community council who they think is likely to be interested in, or affected by, the revocation of the byelaw. This will ensure that all interested parties have the opportunity to inform the Welsh Ministers decision on whether an obsolete byelaw should be revoked. By virtue of section 21, such an order is subject to the National Assembly for Wales negative resolution procedure as the order making power merely enables Ministers to revoke byelaws that are no longer relevant.
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