Local Government Act 1972

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Point in time view as at 09/02/2009. This version of this provision has been superseded.

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Local Government Act 1972, Section 236 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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236 Procedure etc., for byelaws.E+W

(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, [F2the Greater London Authority][F3,Transport for London][F4or an Integrated Transport Authority for an integrated transport area in England] 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 F5. . . by the Civil Aviation Authority under [F6section 29 of the Civil Aviation Act 1982].

(3)[F7Subject to subsection (3A) below, 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.

[F8(3A)Byelaws made by the Greater London Authority shall be made under the hand of the Mayor 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 [F9or 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.

[F10(10A)Subsection (10) above does not apply to a principal council in Wales.]

[F11(10B)The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.]

[F12(10C)Transport for London shall send a copy of every byelaw made by it, and confirmed, to—

(a)the Mayor of London;

(b)each London Borough Council; and

(c)the Common Council.]

(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 in s. 236(1) inserted (3.7.2000) by 1999 c. 29, s. 76(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F3Words in s. 236(1) inserted (3.7.2000) by 1999 c. 29, s. 166(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F4Words in s. 236(1) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 77, 134, Sch. 4 para. 48(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F5Words 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

F6Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 11

F7Words in s. 236(3) substituted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 3(2)

F8S. 236(3A) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 3(3)

F9Words 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

F10S. 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

F11S. 236(10B) inserted (3.7.2000) by 1999 c. 29, s. 76(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F12S. 236(10C) inserted (3.7.2000) by 1999 c. 29, s. 166(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Modifications etc. (not altering text)

C1S. 236 applied by Land Drainage Act 1976 (c. 70, SIF 73:1), s. 98(2)

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))

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 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)

S. 236 applied (with modifications) (1.8.2000) by S.I. 2000/2103, art. 3(4)

S. 236 applied (with modifications) (4.9.2000) by S.I. 2000/2251, art. 3(4)

S. 236 applied (30.1.2001) by 2000 c. 37, ss. 17(5), 103(2) (with s. 43)

S. 236 applied by Greenham and Crookham Commons Act 2002 (c. i), ss. 15(5), 24(1) (with ss. 38, 39) (the amendment coming into force in accordance with s. 1(2)-(4) of the amending Act)

C2S. 236 modified by S.I. 1986/143, regs. 2(1), 3(1)

C3S. 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)

C4S. 236 applied (with modifications) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 21(2)(f)

S. 236 applied (with modifications) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 21(2)(f)

C5Ss. 236-238 applied (prosp.) by Commons Act 1899 (c. 30), s. 10 (as substituted (prosp.) by Commons Act 2006 (c. 26), ss. 50(7), 56 (with s. 60)

C6S. 236 modified (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(9) (arts. 45-48 Sch. 6 para. 23)

C7S. 236(3)-(8) applied (with modifications) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 5

C8S. 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) applied (with modifications) (17.3.1993) by S.I. 1993/1313, art. 30(1)(a) (with art. 39)

S. 236(3)-(8) applied (30.8.1994) by S.I. 1994/2298, art. 30

S. 236(3)-(8) applied (8.7.1996) by S.I. 1996/1627, art. 23(4)

S. 236(3)-(8) applied (20.5.1998) by S.I. 1998/1209, art. 12(1)