Local Government Byelaws (Wales) Act 2012

7 Byelaws requiring confirmation E+W

(1) This section applies to byelaws made by a legislating authority under any enactment other than those listed in Part 1 of Schedule 1, including byelaws which amend or revoke byelaws previously made by it.

(2) But this section does not apply to the extent that the enactment conferring the power to make a byelaw makes different provision in relation to one or more of the following –

(a) a requirement to submit byelaws for confirmation;

(b) publication of a notice of intent to make the byelaw;

(c) publication of the byelaw;

(d) making copies of the byelaw available.

(3) Before it makes a byelaw to which this section applies, an authority must –

(a) publish on the authority's website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw;

(b) consult any person (including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue.

(4) Following the consultation, the authority must consider the responses and decide whether making a byelaw is the most appropriate way of addressing the issue.

(5) The authority must then publish on its website a second written statement which contains –

(a) the initial written statement;

(b) a summary of the consultation and the responses;

(c) its decision;

(d) the reasons for that decision.

(6) Byelaws made by the legislating authority must be submitted to the confirming authority and do not have effect unless and until they are confirmed by the confirming authority.

(7) At least six weeks before the byelaw is submitted for confirmation, notice of the legislating authority's intention to to do so must be published –

(a) in one or more local newspapers circulating in the area to which the byelaw is to apply;

(b) on the authority's website.

(8) For at least six weeks before the byelaw is submitted for confirmation, the legislating authority must ensure that –

(a) the byelaw is published on the authority's website;

(b) a copy of the byelaw is deposited at a place in the authority's area (and, in the case of a byelaw made by the [F1 Natural Resources Body for Wales] under the National Parks and Access to the Countryside Act 1949, at a place in the area of each council of a county or county borough to whose area the byelaw applies);

(c) where applicable, a copy is sent to all community councils whose area the authority thinks is likely to be affected by the byelaw;

(d) a copy is open to public inspection at all reasonable hours without payment.

(9) The legislating authority must give a copy of the byelaw to any person who applies for it, subject to that person paying such reasonable fee charged by the authority (if any).

(10) The confirming authority may confirm, or refuse to confirm, any byelaw submitted to it under this section.

(11) For the purposes of this Act, the confirming authority is –

(a) the person specified in the enactment under which the byelaws are made as the person who is to confirm the byelaws, or

(b) if no person is specified, the Welsh Ministers.

(12) The functions of the Welsh Ministers under subsection (11)(b) are exercisable concurrently with the Secretary of State.

Textual Amendments

F1 Words in s. 7(8)(b) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(g), Sch. 2 para. 30(3)

Commencement Information

I1 S. 7 in force at 31.3.2015 by S.I. 2015/1025, art. 2(g) (with art. 3)