(1)Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority under this Act [F1and to byelaws made by a local authority, [F2or a metropolitan county passenger transport authority] under any other enactment and conferring on the authority] a power to make byelaws and for which specific provision is not otherwise made.
(2)This section shall not apply to byelaws made . . . F3 by the Civil Aviation Authority under [F4section 29 of the Civil Aviation Act 1982].
(3)The byelaws shall be made under the common seal of the authority, or, in the case of byelaws made by a parish or community council not having a seal, under the hands and seals of two members of the council, and shall not have effect until they are confirmed by the confirming authority.
(4)At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the area to which the byelaws are to apply.
(5)For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.
(6)The authority by whom the byelaws are made shall, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.
(7)The confirming authority may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which the byelaw is to come into operation and if no date is so fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation.
(8)A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum, not exceeding 20p for every copy, as the authority may determine.
(9)The proper officer of a district council [F5or in Wales of a principal council]shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council, whether separate or common, of every parish or community to which they apply or, in the case of a parish not having a council, to the chairman of the parish meeting, and the proper officer of the parish or community council or chairman of the parish meeting, as the case may be, shall cause a copy to be deposited with the public documents of the parish or community.
A copy so deposited shall at all reasonable hours be open to public inspection without payment.
(10)The proper officer of a county council shall send a copy of every byelaw made by the council, and confirmed, to the council of every district in the county, and the proper officer of the council of a district shall send a copy of every byelaw made by the council, and confirmed, to the council of the county.
[F6(10A)Subsection (10) above does not apply to a principal council in Wales.]
(11)In this section the expression “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified means the Secretary of State.
Textual Amendments
F1Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 31(1)
F2Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. II para. 45
F3Words repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F4Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 11
F5Words in s. 236(9) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 50 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F6S. 236(10A) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 50 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Modifications etc. (not altering text)
C1S. 236 applied by Land Drainage Act 1976 (c. 70, SIF 73:1), s. 98(2).
S. 236 modified by S.I. 1986/143, regs. 2(1), 3(1).
S. 236 applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), s. 66(5) (with ss. 67(3)(5)(8), 72(6)(8), 74(3)(4)).
S. 236: ss. 236-238 applied (12.3.1991) by S.I. 1991/993, art. 3(3).
Ss. 236-238 applied (with modifications) (5.11.1993) by S.I. 1993/2733, art. 3(4) (with arts. 22, 23).
S. 236 applied (with modifications) (1.11.1994) by S.I. 1994/2733, art. 3(4)
S. 236 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(e) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 236 applied (30.10.1994) by S.I. 1994/2716, reg. 94(1)
S. 236 applied (with modifications) (19.8.1996) by S.I. 1996/2103, art. 3(9)
C2S. 236(3)-(8) modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch. 2.
S. 236(3)-(8): certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch. 2.
S. 236(3)-(8) applied with modifications by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1); ss. 6(5), 10, 23(2), 27(2), Sch. 5 para. 7(1).
S. 236(3)-(8) modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.
S. 236(3)-(8): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2.
S. 236(3)-(8) applied (with modifications) (17.3.1993) by S.I. 1993/1313, art. 30(1)(a) (with art. 39).
S. 236(3)-(8)(11) applied (with modifications) (5.11.1993) by 1993 c. 42, s. 16(8) (with s. 30(1), Sch. 2 para. 9).
S. 236(3)-(8)(11) applied (with modifications) (3.12.1993) by S.I. 1993/2974, art. 5(2) (with arts. 7, 9).
S. 236(3)-(8)(11) applied (21.7.1994) by 1994 c. xiii, s. 10(1)
S. 236(3)-(8) modified (28.5.1994) by S.I. 1994/1440, art. 11(1)(a)
S. 236(3)-(8)(11) applied (1.7.1994) by S.I. 1994/1647, art. 6(4)
S. 236(3)-(8) applied (30.8.1994) by S.I. 1994/2298, art. 30
S. 236(3)-(8)(11) applied (with modifications) (23.12.1994) by S.I. 1994/3162, art. 16(4)
S. 236(3)-(8) applied (8.7.1996) by S.I. 1996/1627, art. 23(4)
S. 236(3)-(8)(11) applied (with modifications) (1.1.1998) by S.I. 1997/2949, art. 15(6)(a)-(e)
S. 236(3)-(8) applied (20.5.1998) by S.I. 1998/1209, art. 12(1)
C3S. 236(7) applied (with modifications) (8.7.1996) by S.I. 1996/1627, art. 23(5)
S. 236(7) modified (20.5.1998) by S.I. 1998/1209, art. 12(2)
S. 236(7) applied (with modifications)(21.7.1994) by 1994 c. xiii, s. 10(2)
S. 236(7) modified (28.5.1994) by S.I. 1994/1440, art. 11(1)(b)
S. 236(7) applied (with modifications)(30.8.1994) by S.I. 1994/2298, art. 30
C4S. 236(8) extended with modifications by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), s. 65(7)
C5S. 236(9) excluded by Civil Aviation Act 1982 (c. 16, SIF 9), s. 32(4) and by Airports Act 1986 (c. 31, SIF 9), Pt. VI, s. 63(8)
C6S. 236(11) applied with modifications by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 6(5), 10, 23(2), 27(2), Sch. 5 para. 7(1)
S. 236(3)-(8)(11) applied (with modifications) (5.11.1993) by 1993 c. 42, s. 16(8) (with s. 30(1), Sch. 2 para. 9).
S. 236(3)-(8)(11) applied (with modifications) (3.12.1993) by S.I. 1993/2974, art. 5(2) (with arts. 7, 9).
S. 236(3)-(8)(11) applied (1.7.1994) by S.I. 1994/1647, art. 6(4)
S. 236(3)-(8)(11) applied (21.7.1994) by 1994 c. xiii, s. 10(1)
S. 236(3)-(8)(11) applied (with modifications) (23.12.1994) by S.I. 1994/3162, art. 16(4)
S. 236(3)-(8)(11) applied (with modifications) (1.1.1998) by S.I. 1997/2949, art. 15(6)(a)-(e)