Wildlife and Countryside (Byelaws for Marine Nature Reserves) Regulations 1986

Modifications in respect of byelaws not authorised by an order under section 36 of the 1981 Act

2.—(1) Sections 236 to 238 of the 1972 Act, in their application to byelaws made by the Nature Conservancy Council under section 37 of the 1981 Act (other than byelaws authorised by an order made by the Secretary of State under section 36 of that Act) shall have effect subject to the modifications prescribed in this regulation.

(2) The modifications are as follows—

(a) In section 236 of the 1972 Act,—

(i) for subsection (5) there shall be substituted the following subsections—

“(5) At least one month before a copy of any byelaws or other document is to be deposited in accordance with the requirements of subsection (5A)(a) or (b) below, the Nature Conservancy Council shall apply in writing to the Secretary of State for a notification of any other places or offices at which a copy of the byelaws and any other document referred to in those byelaws is to be deposited in accordance with subsection (5A)(c) below.

(5A) For at least one month before application for confirmation is made, a copy of the byelaws together with a copy of any document referred to in those byelaws shall be deposited at—

(a) the offices of the Nature Conservancy Council,

(b) the offices of each county council, district council and London borough council comprising the whole or any part of the area to which the byelaws apply, and

(c) such other places or offices as are notified by the Secretary of State to the Nature Conservancy Council in accordance with subsection (5) above;

and the copies so deposited shall at all reasonable hours be open to public inspection without payment.”;

(ii) for subsections (9) and (10) there shall be substituted the following subsection—

“(9) The Nature Conservancy Council shall send a copy of every byelaw made by them and confirmed,—

(a) to the proper officer of the council of each county, district and London borough comprising the whole or any part of the area to which the byelaws apply,

(b) to the proper officer of the council (whether separate or common) of every parish or community comprising the whole or any part of the area to which the byelaws 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, and a copy so deposited shall at all reasonable hours be open to public inspection without payment, and

(c) to such other persons or places as the Secretary of State may in any particular case notify in writing to the Nature Conservancy Council.”.

(b) In section 237 of the 1972 Act(1) for “level 2 on the standard scale” there shall be substituted “£1000”.

(1)

Section 237 was amended by sections 38 and 46 of the Criminal Justice Act 1982 (c. 48).