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The Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2017 No. 34

Temporary disapplication and amendment of provisions of the Harrogate Stray Act 1985 and related byelaws

2.—(1) To enable the Council to host the 2017 Tour de Yorkshire, the following provisions of the Act are disapplied for the period specified in paragraph (5) in relation to the areas specified in paragraph (6)—

(a)section 4(2) to (4) (management of the Stray);

(b)section 5 (access to the Stray);

(c)section 6(4) (limitations on the ability of the Council to grant a licence to inclose the Stray for specified purposes).

(2) To enable the Council to host the 2017 Tour de Yorkshire, section 6(1)(d) of the Act is amended for the period specified in paragraph (5) in relation to the areas specified in paragraph (6) so that the words “not more than 12” and “in any year” are omitted.

(3) The following are to be disregarded for the purposes of section 6 of the Act as it applies to the year in which the period specified in paragraph (5) falls (other than to that period)—

(a)any temporary encroachments of the kind mentioned in subsection (1)(d) of that section during that period;

(b)any period during that period for which the Harrogate Stray is inclosed.

(4) To enable the Council to host the 2017 Tour de Yorkshire, the following provisions of the byelaws relating to the Harrogate Stray made by the Council on 8th February 2011(1) are disapplied for the period specified in paragraph (5) in relation to the areas specified in paragraph (6)—

(a)byelaw 3 (prohibition of removal of soil or plants);

(b)byelaw 17 (prohibition of use of radios etc. causing annoyance).

(5) The period specified for the purposes of paragraphs (1) to (4) begins at 07:00 on Sunday 23rd April 2017 and ends at 22:00 on Wednesday 3rd May 2017.

(6) The areas specified for the purpose of paragraphs (1), (2) and (4) are the areas identified as Areas 1 and 2 (shown by green shading in the case of Area 1 and by orange shading in the case of Area 2 and outlined, in both cases, with a thick black line) on the map prepared by the Council marked “Map referred to by the Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016” of which prints, signed by a member of the Senior Civil Service in the Department for Communities and Local Government and dated 24th March 2016, are deposited and available for inspection at the offices of the Secretary of State for Communities and Local Government and at the offices of the Council.

(1)

A copy of the byelaws is available at the offices of Harrogate Borough Council, Springfield House, Kings Road, Harrogate HG1 5NX and at https://www.harrogate.gov.uk/downloads/file/332/stray_byelaws

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