46 Commisioners’ power to make byelaws. E+W+S
(1)Subject to the provisions of this and the next following sections, the Commissioners may make byelaws with respect to any land which is under their management or control and to which the public have, or may be permitted to have, access.
(2)The Commissioners’ byelaws may be such as appear to them to be necessary—
(a)for the preservation of any trees or timber on the land, or of any property of the Commissioners; and
(b)for prohibiting or regulating any act or thing tending to injury or disfigurement of the land or its amenities; and
(c)without prejudice to the generality of the foregoing, for regulating the reasonable use of the land by the public for the purposes of exercise and recreation.
(3)Byelaws under this section—
(a)shall not take away or injuriously affect any estate, interest, right of common or other right of a profitable or beneficial nature in, over or affecting any land, except with the consent of the person entitled thereto;
(b)shall not apply to a common which is subject to a scheme or regulation made in pursuance of the Metropolitan Commons Acts 1866 to 1898, or the Inclosure Acts 1845 to 1882, or the M1Commons Act 1899.
(4)Byelaws under this section shall be made by statutory instrument and a draft of a statutory instrument containing any such byelaws shall be laid before Parliament.
(5)If anyone fails to comply with, or acts in contravention of, any byelaw made under this section he shall be guilty of an offence and be liable on summary conviction as follows:—
(a)in the case of an offence against byelaws made by the Commissioners with respect to the New Forest, he shall be liable to a fine not exceeding [F1level 2 on the standard scale],
(b)in a case not falling within the foregoing paragraph, he shall be liable to a fine not exceeding [F1level 2 on the standard scale]; and
(c)in [F2the case of a continuing offence falling within either of the foregoing paragraphs] he shall be liable to a further fine not exceeding [F350p] for each day upon which the offence continues.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1;), ss. 39, 46, Sch. 3 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7D and expressed to be substituted (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt.III
F2Words substituted by Criminal Justice Act 1967 (c. 80, SIF 39:1), Sch. 6 para 28
F3Words substituted by Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)
Modifications etc. (not altering text)
C1S. 46 amended by (S.) Countryside (Scotland) Act 1967 (c. 86, SIF 46:1), s. 58(3) and (E.W.) Countryside Act 1968 (c. 41, SIF 46:1), s. 23(4)
Marginal Citations
M11899 c. 30(25)