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(1)Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area—
(a)they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and
(b)they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.
(2)In this section “local authority” includes the Common Council [F1, a corporate joint committee] [F2and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004] [F3and the London Fire Commissioner].
[F4(3)In the application of subsection (1) to a corporate joint committee, the reference to the corporate joint committee’s area is to be read as a reference to the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.]
Textual Amendments
F1Words in s. 222(2) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 20(a)
F2Words in s. 222(2) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 26; S.I. 2017/399, reg. 2, Sch. para. 38
F3Words in s. 222(2) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 46; S.I. 2018/227, reg. 4(c)
F4S. 222(3) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 20(b)
Modifications etc. (not altering text)
C1S. 222 amended by S.I. 1990/1765, art. 4(3)
C2S. 222 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.
S. 222: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2.
C3S. 222 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.
S. 222: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2.
S. 222 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(g) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C4S. 222 modified (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 29(1)(h)
S. 222 modified (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 29(1)(h)
C5Ss. 222-223 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.
C6S. 222 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
C7Ss. 222-223 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C8S. 222 modified (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 11(b)
C9S. 222 modified (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), arts. 1, 11(b)
C10S. 222 modified (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), arts. 1(2), 11(b)
C11S. 222 modified (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 14(b) (with art. 8(4))
C12S. 222 modified (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 13(b)
C13S. 222 modified (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 8(c)
C14S. 222 modified (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), arts. 1(2), 11(b)
C15S. 222 modified (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 26(c)
C16S. 222 modified (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 13(c)
C17Ss. 222-223 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1
C18S. 222 modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 19(3)(f)
(1)Any member or officer of a local authority who is authorised by that authority to prosecute or defend on their behalf, or to appear on their behalf in, proceedings before a magistrates’ court shall be entitled to prosecute or defend or to appear in any such proceedings, and, [F5to conduct any such proceedings.]
(2)In this section “local authority” includes the Common Council [F6, a corporate joint committee] [F7, a joint authority, [F8an economic prosperity board, a combined authority,] [F9a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F10... [F11 the Greater London Authority] [F12and] [F13, a [F14police and crime commissioner and the Mayor's Office for Policing and Crime]] F15...] F16...
Textual Amendments
F5Words in s. 223(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 28 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F6Words in s. 223(2) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 21
F7Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 21
F8Words in s. 223(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 24; S.I. 2009/3318, art. 2
F9Words in s. 223(2) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 27; S.I. 2017/399, reg. 2, Sch. para. 38
F10Words in s. 223(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(k); S.I. 2015/994, art. 6(g)
F11Words in s. 223(2) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 2
F12Word in s. 223(2) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 17(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F13Words in s. 223(2) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 12; S.I. 1994/2025, art. 6 and S.I. 1994/3262, arts. 4, 5, Sch.
F14Words in s. 223(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 109; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 30)
F15Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F16Words in s. 223(2) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C5Ss. 222-223 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.
C7Ss. 222-223 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C17Ss. 222-223 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1
C20S. 223 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(f)
C21S. 223 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2
S. 223: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2
C22S. 223 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2
S. 223: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2
S. 223 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(f) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 223 amended (3.1.1995) by 1994 c. 40, ss. 76, 82(2), Sch. 16 para. 3
S. 223 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(d)
S. 223 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(g) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 223 applied (18.7.1996) by S.I. 1996/1880, art. 76
S. 223: power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xii); S.I. 1997/1930, art. 2(1)(2)(m)
C23S. 223 modified (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 29(1)(h)
S. 223 modified (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 29(1)(h)
C24S. 223 applied (4.2.2005) by The Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement Functions) Order 2005 (S.I. 2005/215), art. 21
C25S. 223 modified (E.) (11.5.2007) by The Local Authorities (Contracting Out of Anti-social Behaviour Order Functions) (England) Order 2007 (S.I. 2007/1441), art. 4
C26S. 223 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
C27S. 223 applied (7.12.2011) by The Local Authorities (Contracting Out of Community Infrastructure Levy Functions) Order 2011 (S.I. 2011/2918), arts. 1(1), 10
C28S. 223 applied (15.3.2018) by City of London Corporation (Open Spaces) Act 2018 (c. i), s. 15 (with ss. 3, 4(2))
C29S. 223(2) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(m)
C30S. 223(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(m)
[F17(1)]Without prejudice to the powers of the custos rotulorum to give directions as to the documents of any county, a principal council shall make proper arrangements with respect to any documents which belong to or are in the custody of the council or any of their officers.
[F18(2)This section applies to a joint authority [F19, economic prosperity board] [F20or combined authority] F21 ... as it applies to a principal council.]
[F22(3)In subsection (1) above “county”, in relation to Wales, means a preserved county.]
Textual Amendments
F17S. 244 renumbered as s. 244(1) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 22
F18S. 224(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 22
F19Words in s. 224(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 25; S.I. 2009/3318, art. 2(c)
F20Words in s. 224(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(l); S.I. 2015/994, art. 6(g)
F21Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F22S. 224(3) added (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 7 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 3, Sch. 1
Modifications etc. (not altering text)
C32S. 224 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(g)
C33S. 224 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.
S. 224: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch. 2.
C34S. 224 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2
S. 224 : certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch. 2.
S. 224 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 224 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)
S. 224 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
S. 224 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 224 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C35S. 224 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)(b)
S. 224 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)(b)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C37S. 224 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C38S. 224 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C39S. 224(2) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C40S. 224(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
(1)In any case in which a document of any description is deposited with the proper officer of a local authority, or with the chairman of a parish or community council or with the chairman of a parish meeting, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer or chairman, as the case may be, shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgments and receipts in respect of, the document as may be so directed.
(2)All documents required by any enactment or instrument to be deposited with the proper officer of a parish or community shall, in the case of a parish or community not having a separate parish or community council, be deposited in England with the chairman of the parish meeting or in Wales with the proper officer of the [F23principal council].
[F24(3)In this section “local authority” includes a joint authority [F25, a corporate joint committee] [F26, an economic prosperity board [F27and a combined authority]]]
Textual Amendments
F23Words in s. 225(2) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 46 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F24S. 225(3) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 23
F25Words in s. 225(3) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 26
F26Words in s. 225(3) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 26; S.I. 2009/3318, art. 2(c)
F27Words in s. 225(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(m); S.I. 2015/994, art. 6(g)
Modifications etc. (not altering text)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C41S. 225 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 121(g)
C42S. 225 modified (7.8.1991) by S.I.1991/1773, art. 8(2), Sch. 2.
S. 225: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2.
C43S. 225 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.
S. 225: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2
S. 225 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 225 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
S. 225 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)
S. 225 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 225 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C44S. 225 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C45S. 225 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C46S. 225(1) 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)(b)
S. 225(1) 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)(b)
C47S. 225(3) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C48S. 225(3) modified by S.I. 1987/2110, art. 2 (2), Sch. 1 para. 3(n)
(1)All specified papers of a parish or community shall—
(a)in the case of a parish which is co-extensive with an existing rural parish, remain in the same custody as before 1st April 1974; and
(b)in the case of any other parish or any community, be in the custody of the body to which the documents of that area, other than documents of a specified class, are transferred on that date;
but the parish or community council or, in the case of a parish or community not having a separate parish or community council, the parish meeting in England or the [F28principal council] in Wales may direct that any such papers shall be deposited in such custody as may be specified in the direction.
(2)Nothing in this Act shall affect the custody of registers of baptisms, marriages and burials and of all other documents containing entries wholly or partly relating to the affairs of the church, as defined by the M1Local Government Act 1894, or to ecclesiastical charities, as so defined, except documents directed by law to be kept with the papers of a parish or community.
(3)Any person having the custody of any documents mentioned in subsection (2) above shall have reasonable access to the papers mentioned in subsection (1) above and—
(a)in a parish or community having a separate parish or community council, that council;
(b)in any other parish, the parish meeting;
(c)in any other community, the [F28principal council]; and
(d)in any area in England not falling within paragraph (a) or (b) above, the district council, London borough council or Common Council, as the case may be;
shall have reasonable access to the documents mentioned in subsection (2) above.
(4)Any difference about the custody of or access to any documents mentioned in subsection (1) or (2) above shall, if the area is in [F29Wales or in] a [F30metropolitan district,] London borough or the City, be determined by the Secretary of State and in any other case by the county council.
(5)[F31The council of every county or metropolitan district] shall from time to time enquire into the manner in which specified papers under the control of a parish F32. . . or parish meeting [F33in their area] are kept with a view to their proper preservation, and shall make such orders as they think necessary for their preservation, and those orders shall be complied with by the parish F32. . . or parish meeting.
[F34(6)Subsection (5) above shall also apply in relation to community councils but as if the functions conferred by it were functions of the principal council.]
Textual Amendments
F28Words in s. 226(1)(3)(c) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 47(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F29Words in s. 226(4) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 47(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F30Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 22(2)(a)
F31Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 22(2)(b)
F32Words in s. 226(5) repealed (1.4.1996) by 1994 c. 19, s. 66(5)(8), Sch. 15 para. 47(4), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F33Words inserted by Local Government Act 1985 (c. 51, SIF 81:1) s. 16, Sch. 8 para. 22(2)(b)
F34S. 226(6) added (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 47(5) (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)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C49S. 226 modified (07.08.1991) by S.I.1991/1773, art. 8(2), Sch. 2.
S. 226: certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch. 2
Marginal Citations
(1)In the case of a parish or community having a separate parish or community council that council or, if they so request, the council of the district in which the parish F35. . . is situated [F36or the council of the principal area in which the community is situated], shall provide proper depositories for all the specified papers belonging to the parish or community for which no provision is otherwise made.
(2)In the case of a parish or community not having a separate parish or community council, the council of the district in which the parish F35. . . is situated [F36or the council of the principal area in which the community is situated] shall provide proper depositories for all the specified papers under the control of the parish meeting or belonging to the community but in England only with the consent of the parish meeting of the parish.
Textual Amendments
F35Words in s. 227(1)(2) repealed (1.4.1996) by 1994 c. 19, s. 66(5)(8), Sch. 15 para. 48, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F36Words in s. 227(1)(2) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 48 (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)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C50S. 227 modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch. 2
S. 227: certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch. 2
[F37(A1)A copy of the minutes of proceedings of a community council must, so far as reasonably practicable, be supplied on request to a local government elector for the area of the council; and a reasonable fee may be charged for providing a copy of the minutes.]
(1)The minutes of proceedings of a [F38parish F39... council] shall be open to the inspection of any local government elector for the area of the [F38the council] and any such local government elector may make a copy of or extract from the minutes.
(2)A local government elector for the area of a local authority may inspect and make a copy of or extract from an order for the payment of money made by the local authority.
(3)The accounts of a local authority and of any proper officer of a local authority shall be open to the inspection of any member of the authority, and any such member may make a copy of or extract from the accounts.
F40(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any document deposited as mentioned in section 225 above may, at all reasonable hours, inspect and make copies thereof or extracts therefrom on payment to the person having custody thereof of the sum of 10p for every such inspection, and of the further sum of 10p for every hour during which such inspection continues after the first hour.
(6)A document directed by [F41any of subsections (1) to (5) of] this section to be open to inspection shall be so open at all reasonable hours and, except where otherwise expressly provided, without payment.
(7)If a person having the custody of any such document—
(a)obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,
(b)refuses to give copies or extracts to any person entitled to obtain copies or extracts,
he shall be liable on summary conviction to a fine not exceeding [F42level 1 on the standard scale].
[F43(7A)This section shall apply to the minutes of proceedings and the accounts of a joint authority [F44, an economic prosperity board, [F45or] a combined authority] F46... F47... F48... as if that authority were a local authority and as if, F49..., references to a local government elector for the area of the authority were a reference to a local government elector for any local government area in the area for which the authority is established.]
F50(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)This section shall apply to the minutes of proceedings and to the accounts of a parish meeting as if that meeting were a [F51parish council].
[F52(9)In relation to the Broads Authority, the references in this section to a local government elector for the area of the authority shall be construed as references to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.]
[F53(10)Subsections (2) to (7) apply to a corporate joint committee as they apply to a local authority and, in that application, references to a local government elector for the area of the authority are to be read as references to a local government elector for any local government area in the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.]
Textual Amendments
F37S. 228(A1) inserted (W.) (temp.) by virtue of S.I. 2020/442, reg. 24(a) (with reg. 19) (as inserted (21.7.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) (Amendment) Regulations 2020 (S.I. 2020/653), regs. 1(2), 3)
F38Words substituted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 2 para. 6(2)(a)
F39Words in s. 228(1) omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 11; S.I. 2021/354, reg. 2(c) (with reg. 3)
F40S. 228(4) repealed by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 38(5), Sch. 6 Pt. IV
F41Words in s. 228(6) inserted (W.) (temp.) by virtue of S.I. 2020/442, reg. 24(c) (with reg. 19) (as inserted (21.7.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) (Amendment) Regulations 2020 (S.I. 2020/653), regs. 1(2), 3)
F42Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F43S. 228(7A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 24
F44Words in s. 228(7A) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 27; S.I. 2009/3318, art. 2(c)
F45Word in s. 228(7A) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 110(a); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 31)
F46Words in s. 228(7A) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 110(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 31)
F47Words in s. 228(7A) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F48Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F49Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F50S. 228(7B) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(n); S.I. 2015/994, art. 6(g)
F51Words substituted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 2 para. 6(2)(b)
F52S. 228(9) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 10(8)
F53S. 228(10) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 27
Modifications etc. (not altering text)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C51S. 228 modified (7.8.1991) by S.I.1991/1773, art.8(2), Sch. 2
S. 228: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2
S. 228 applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1
S. 228 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(b)
S. 228 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
S. 228: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiii); S.I. 1997/1930, art. 2(1)(2)(m)
S. 228 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C52S. 228 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)(c)
S. 228 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)(c)
C53Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C54Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C55S. 228(1) applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)
C56S. 228(2)(3) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 5(c)
C57S. 228(7A) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C58S. 228(7A) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
(1)Subject to subsections (3) and (7) below, any requirement imposed by any enactment that a local authority or parish meeting shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.
(2)Subject to subsection (7) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority or parish meeting shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.
(3)Subsection (1) above shall not apply to any document deposited with a local authority under the M2Public Records Act 1958.
(4)In legal proceedings a photographic copy of a document in the custody of a local authority or parish meeting, or of a document which has been destroyed while in the custody of a local authority or parish meeting, or of any part of any such document, shall, subject to subsection (6) below, be admissible in evidence to the like extent as the original.
(5)A certificate purporting to be signed by the proper officer of the local authority, or the chairman of the parish meeting, concerned that a document is such a photographic copy as is mentioned in subsection (4) above, shall, subject to subsection (7) below, be evidence to that effect.
(6)The court before which a photographic copy is tendered in evidence in pursuance of subsection (4) above may, if the original is in existence, require its production and thereupon that subsection shall not apply to the copy.
(7)A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.
(8)In this section “court” and “legal proceedings” have the same meanings as in the M3Civil Evidence Act 1968 [F54and “local authority” includes [F55a corporate joint committee,] a joint authority, [F56an economic prosperity board, a combined authority]F57... [F58, [F59a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] a police and crime commissioner and the Mayor's Office for Policing and Crime] F60... F61...]
Textual Amendments
F54Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 25
F55Words in s. 229(8) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 28
F56Words in s. 229(8) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 28; S.I. 2009/3318, art. 2(c)
F57Words in s. 229(8) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(o); S.I. 2015/994, art. 6(g)
F58Words in s. 229(8) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 111; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 32)
F59Words in s. 229(8) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 28; S.I. 2017/399, reg. 2, Sch. para. 38
F60Words in s. 229(8) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F61Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
Modifications etc. (not altering text)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C53Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C54Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C59S. 229 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(g)
C60S. 229 modified (7.8.1991) by S.I.1991/1773, art.8(2), Sch. 2
S. 229: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2
S. 229 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 229 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)
S. 229 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
S. 229 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 229: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiii); S.I. 1997/1930, art. 2(1)(2)(m)
S. 229 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C61S. 229 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)(c)
S. 229 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)(c)
C62S. 229(8) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C63S. 229(8) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
Marginal Citations
[F62(1)]Every local authority, every joint board and every joint committee of local authorities shall send the Secretary of State such reports and returns, and give him such information with respect to their functions, as he may require or as may be required by either House of Parliament.
[F63(2)In this section “local authority” includes a joint authority [F64, an economic prosperity board] [F65and a combined authority] F66. . ..]
Textual Amendments
F62S. 230 renumbered as S. 230(1) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 26
F63S. 230(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 26
F64Words in s. 230(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 29; S.I. 2009/3318, art. 2(c)
F65Words in s. 230(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(p); S.I. 2015/994, art. 6(g)
F66Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
Modifications etc. (not altering text)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C53Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C54Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C64S. 230 modified by Housing and Building Control Act 1984 (c. 29, SIF 61), s. 50
C65S. 230 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(g)
S. 230 amended (28.4.1994) by S.I. 1994/2825, reg. 18
C66S. 230 modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch. 2
S. 230: certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch.2
S. 230 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 230 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)
S. 230 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(c) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 230 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C67S. 230 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)(d)
S. 230 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)(d)
C68S. 230(2) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C69S. 230(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
(1)Subject to subsection (3) below, any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be given to or served on a local authority or the chairman or an officer of a local authority shall be given or served by addressing it to the local authority and leaving it at, or sending it by post to, the principal office of the authority or any other office of the authority specified by them as one at which they will accept documents of the same description as that document.
(2)Any notice, order or other document so required or authorised to be given to or served on a parish meeting, or the chairman of the parish meeting, shall be given or served by addressing it to the chairman of the parish meeting and by delivering it to him, or by leaving it at his last known address, or by sending it by post to him at that address.
(3)The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court, but except as aforesaid the methods of giving or serving documents provided for by those provisions are in substitution for the methods provided for by any other enactment or any instrument made under an enactment so far as it relates to the giving or service of documents to or on a local authority, the chairman or an officer of a local authority or a parish meeting or the chairman of a parish meeting.
[F67(4)In this section “local authority” includes [F68a corporate joint committee,] a joint authority, [F69an economic prosperity board, a combined authority]F70... [F71, [F72a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] a police and crime commissioner and the Mayor's Office for Policing and Crime ] F73... F74....]
[F75(5)In the application of subsection (1) to a corporate joint committee—
(a)references to the chairman are to be read as references to the chairperson of the corporate joint committee, and
(b)references to the principal office are to be read as references to—
(i)the principal office of the corporate joint committee, or
(ii)a principal office of a local authority for a county or county borough in Wales which is within the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.]
Textual Amendments
F67S. 231(4) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 27
F68Words in s. 231(4) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 29(a)
F69Words in s. 231(4) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 30; S.I. 2009/3318, art. 2(c)
F70Words in s. 231(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(q); S.I. 2015/994, art. 6(g)
F71Words in s. 231(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 112; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 33)
F72Words in s. 231(4) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 29; S.I. 2017/399, reg. 2, Sch. para. 38
F73Words in s. 231(4) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F74Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F75S. 231(5) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 29(b)
Modifications etc. (not altering text)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C53Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C54Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C70S. 231 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(g)
C71S. 231 modified (7.8.1991) by S.I.1991/1773, art. 8(2), Sch. 2
S. 231: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2
S. 231 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 231 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)
S. 231: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiv); S.I. 1997/1930, art. 2(1)(2)(m)
S. 231 (except subsection (2)) applied (28.7.1998) by 1998 c. iv, s. 39
S. 231 extended (1.10.1998) by 1975 c. 70, s. 25 (as substituted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 para. 9; S.I. 1998/2244, art. 4)
S. 231 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C72S. 231 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)(e)
S. 231 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)(e)
C73S. 231 excluded (7.2.2005) by Licensing Act 2003 (c. 17), ss. 184(8)(a), 201(2) (with ss. 2(3), 15(2), 195); S.I. 2004/2360, art. 2(1), Sch.
C74Ss. 231-234 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7) (as amended (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 18; S.I. 2021/354, reg. 2(c))
C75S. 231(1) extended by Local Land Charges Act 1975 (c. 76, SIF 98:2), s. 9(2) and by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), s. 106, Sch. 21 para. 10
C76S. 231(4) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C77S. 231(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
(1)Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—
(a)by posting the notice in some conspicuous place or places within the area of the local authority; F76...
(b)in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice.
[F77; and
(c)where the local authority is a local authority in Wales, by publishing it electronically.]
F78(1ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F79(1A)In subsection (1) above “local authority” includes [F80a corporate joint committee,] a joint authority, [F81an economic prosperity board, a combined authority]F82... [F83, [F84a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] a police and crime commissioner and the Mayor's Office for Policing and Crime] F85... F86....]
[F87(1B)In the application of subsection (1) to a corporate joint committee, the reference to the corporate joint committee’s area is to be read as a reference to the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.]
(2)This section shall apply to a public notice required to be given by the chairman of a parish meeting as it applies to public notices required to be given by a parish council.
[F88(3)The Welsh Ministers may by regulations make further or different provision about the manner of giving a public notice required to be given by a local authority in Wales.
(4)Regulations under subsection (3) may also make provision about the manner of giving a public notice required to be given by—
(a)a National Park authority for a National Park in Wales;
(b)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales.
(5)Regulations under subsection (3) may—
(a)make different provision for different purposes;
(b)include supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, modifying, repealing or revoking any enactment (including this Act and the Local Government and Elections (Wales) Act 2021)).
(6)A statutory instrument containing regulations under subsection (3) must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.]
Textual Amendments
F76Word in s. 232(1) omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 17(2)(a); S.I. 2021/354, reg. 2(c)
F77S. 232(1)(c) and word inserted (W.) (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 17(2)(b); S.I. 2021/354, reg. 2(c)
F78S. 232(1ZA) omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 17(3); S.I. 2021/354, reg. 2(c)
F79S. 232(1A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 28
F80Words in s. 232(1A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 30(a)
F81Words in s. 232(1A) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 31; S.I. 2009/3318, art. 2(c)
F82Words in s. 232(1A) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(r); S.I. 2015/994, art. 6(g)
F83Words in s. 232(1A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 113; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 34)
F84Words in s. 232(1A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 30; S.I. 2017/399, reg. 2, Sch. para. 38
F85Words in s. 232(1A) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F86Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F87S. 232(1B) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 30(b)
F88S. 232(3)-(6) inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(c), Sch. 4 para. 17(4)
Modifications etc. (not altering text)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C53Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C54Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C74Ss. 231-234 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7) (as amended (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 18; S.I. 2021/354, reg. 2(c))
C78S. 232 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(g)
C79S. 232 modified (7.8.1991) by S.I.1991/1773 art. 8(2), Sch. 2
S. 232: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2
S. 232 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 232 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)
S. 232 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
S. 232: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiv); S.I. 1997/1930, art. 2(1)(2)(m)
S. 232 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C80S. 232 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)(e)
S. 232 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)(e)
C81S. 232 applied (with modifications) (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 119, 178(2) (with s. 120)
C82S. 232 applied (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 116(4), 178(2) (with s. 117)
C83S. 232 excluded (temp.) (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 9(1)(2)
C84S. 232(1A) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C85S. 232(1A) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
(1)Subject to subsection (8) below, subsections (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of a local authority or by an officer of a local authority.
(2)Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
(3)Any such document may—
(a)in the case of a body corporate, be given to or served on the secretary or clerk of that body;
(b)in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.
(4)For the purposes of this section and of section 26 of the M4Interpretation Act 1889 (service of documents by post) in its application to this section, the proper address of any person to or on whom a document is to be given or served shall be his last known address, except that—
(a)in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;
(b)in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
(5)If the person to be given or served with any document mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 26 of the M5Interpretation Act 1889 as his proper address.
F89(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in subsection (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.
(8)This section shall apply to a document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the chairman of a parish meeting as it applies to a document so required or authorised to be given to or served on any person by or on behalf of a local authority.
(9)The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court.
(10)Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this section, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.
[F90(11)In this section “local authority” includes a joint authority, [F91an economic prosperity board, a combined authority, [F92a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,]] F93... [F94, a police and crime commissioner and the Mayor's Office for Policing and Crime] . . . F95. . ..]
Textual Amendments
F89S. 233(6) repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), Sch. 2
F90S. 233(11) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 29
F91Words in s. 233(11) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 32; S.I. 2009/3318, art. 2(c)
F92Words in s. 233(11) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 31; S.I. 2017/399, reg. 2, Sch. para. 38
F93Words in s. 233(11) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(s); S.I. 2015/994, art. 6(g)
F94Words in s. 233(11) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 114; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 35)
F95Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
Modifications etc. (not altering text)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C53Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C54Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C74Ss. 231-234 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7) (as amended (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 18; S.I. 2021/354, reg. 2(c))
C86S. 233 extended by Housing Act 1974 (c. 44), s. 126(6); and saved by Reservoirs Act 1975 (c. 23), ss. 15(4), 29(1); S.I. 1985/176, 1986/466, 1986/2202
C87S. 233 applied by S.I. 1978/932, art. 16 and by S.I. 1990/582, reg. 47(2)
S. 233 applied (18.1.2005) by Housing Act 2004 (c. 34), ss. 246(9), 270
C88S. 233 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(g)
C89S. 233 modified (7.8.1991) by S.I.1991/1773 art. 8(2), Sch. 2
S. 233: certain functions transferred (7.8.1991) by S.I.1991/1773, art.8, Sch. 2
S. 233 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 233 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)
S. 233: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiv); S.I. 1997/1930, art. 2(1)(2)(m)
S. 233 (except subsection (8)) applied (28.7.1998) by 1998 c. iv, s. 39
S. 233 extended (1.10.1998) by 1975 c. 70, s. 25 (as substituted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. I para. 9; S.I. 1998/2244, art. 4)
S. 233 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C90S. 233 excluded (7.2.2005) by Licensing Act 2003 (c. 17), ss. 184(8)(b), 201(2) (with ss. 2(3), 15(2), 195); S.I. 2004/2360, art. 2(1), Sch.
C91S. 233 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)(e)
S. 233 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)(e)
C92S. 233(11) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C93S. 233(11) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
Marginal Citations
(1)Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority.
(2)Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.
In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.
(3)Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
[F96(4)In this section “local authority” includes [F97a corporate joint committee,] a joint authority, [F98an economic prosperity board, a combined authority, [F99a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,]] F100... [F101, a police and crime commissioner and the Mayor's Office for Policing and Crime] F102... F103....]
Textual Amendments
F96S. 234(4) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 30
F97Words in s. 234(4) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 32
F98Words in s. 234(4) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 33; S.I. 2009/3318, art. 2(c)
F99Words in s. 234(4) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 32; S.I. 2017/399, reg. 2, Sch. para. 38
F100Words in s. 234(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(t); S.I. 2015/994, art. 6(g)
F101Words in s. 234(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 115; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 36)
F102Words in s. 234(4) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F103Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
Modifications etc. (not altering text)
C36Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C53Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
C54Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C74Ss. 231-234 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7) (as amended (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 18; S.I. 2021/354, reg. 2(c))
C94S. 234 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 5(d)
C95S. 234 modified (7.8.1991) by S.I.1991/1773, art. 8(2), Sch. 2
S. 234: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2
S. 234 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
S. 234: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiv); S.I. 1997/1930, art. 2(1)(2)(m)
S. 234 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C96S. 234 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)(e)
S. 234 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)(e)
C97S. 234(4) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C98S. 234(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
(1)The council of a district F104... and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district F105... or borough, as the case may be, and for the prevention and suppression of nuisances therein.
(2)The confirming authority in relation to byelaws made under this section shall be the Secretary of State.
[F106(2A)Subsection (2) does not apply to byelaws of a class prescribed by regulations under section 236A(1).]
(3)Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.
Textual Amendments
F104Words in s. 235(1) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(2)(a); S.I. 2015/1025, art. 2(r) (with art. 3)
F105Words in s. 235(1) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(2)(b); S.I. 2015/1025, art. 2(r) (with art. 3)
F106S. 235(2A) inserted (E.) (3.3.2016) by The Byelaws (Alternative Procedure) (England) Regulations 2016 (S.I. 2016/165), reg. 1(1), Sch. 2 para. 5(2)
Modifications etc. (not altering text)
C99S. 235 amended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 43 (which s. 43 is repealed (18.2.1993) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(1)(2), 164(3), Sch. 15 para. 21, Sch. 16 Pt. IX); S.I. 1993/264
C100S. 235 functions made exercisable concurrently (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I 2004/1777), {art. 25(2)(xii)}
S. 235 functions made exercisable concurrently (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I 2004/1778), {art. 25(2)(xii)}
(1)Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority [F107in England] under this Act [F108and to byelaws made by a local authority [F107in England], [F109the Greater London Authority] [F110, Transport for London] [F111, an Integrated Transport Authority for an integrated transport area in England or a combined 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
[F112(a)byelaws of a class prescribed by regulations under section 236A, or
(b)] byelaws made F113... by the Civil Aviation Authority under [F114section 29 of the Civil Aviation Act 1982].
(3)[F115Subject 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 F116... 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.
[F117(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 F118... 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 F119... 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 F119... 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 F119....
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.
F120(10A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F121(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.]
[F122(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
F107Words in s. 236(1) inserted (31.3.2015) by Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(3)(a); S.I. 2015/1025, art. 2(r) (with art. 3)
F108Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 31(1)
F109Words 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
F110Words 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
F111Words in s. 236(1) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 34; S.I. 2009/3318, art. 2(c)
F112Words in s. 236(2) inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 129(2), 245(5); S.I. 2010/112, art. 2(a)
F113Words 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
F114Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 11
F115Words in s. 236(3) substituted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 3(2)
F116Words in s. 236(3) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(3)(b); S.I. 2015/1025, art. 2(r) (with art. 3)
F117S. 236(3A) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 3(3)
F118Words in s. 236(9) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(3)(c)(i); S.I. 2015/1025, art. 2(r) (with art. 3)
F119Words in s. 236(9) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(3)(c)(ii); S.I. 2015/1025, art. 2(r) (with art. 3)
F120S. 236(10A) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(3)(d); S.I. 2015/1025, art. 2(r) (with art. 3)
F121S. 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
F122S. 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)
C101S. 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)
C102S. 236 modified by S.I. 1986/143, regs. 2(1), 3(1)
C103S. 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)
C104S. 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)
C105Ss. 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)
C106S. 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)
C107Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
C108S. 236 continues to apply (3.3.2016) by The Byelaws (Alternative Procedure) (England) Regulations 2016 (S.I. 2016/165), regs. 1(1), 19
C109Ss. 236-237 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C110S. 236 applied (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 52(9) (with arts. 55-57, Sch. 8 para. 13)
C111S. 236 applied (29.11.2018) by Middle Level Act 2018 (c. ii), ss. 1, 11(9)
C112S. 236 applied (with modifications) (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 51(6)(7) (with art. 55)
C113S. 236 applied (21.4.2022) by Highgate Cemetery Act 2022 (c. i), ss. 1, 8(5)
C114S. 236 applied in part (with modifications) (coming into force in accordance with s. 13 of the amending Act) by Monken Hadley Common Act 2022 (c. ii), s. 11 (with s. 8(3))
C115S. 236(3)-(8) applied (with modifications) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 5
C116S. 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)
S. 236(3)-(8) applied (25.8.2000) by S.I. 2000/2152, art. 27(4)
C117S. 236(3)-(8) modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2
S. 236(3)-(8) modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2
S. 236(3)-(8) modified (28.5.1994) by S.I. 1994/1440, art. 11(1)(a)
C118S. 236(3)-(8): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2
S. 236(3)-(8): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2
C119S. 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)
S. 236(3)-(8)(11) applied (18.7.2000) by S.I. 2000/1884, art. 28(1)
C120S. 236(3)-(8)(11) applied (with modifications) (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), arts. 39(5)(6)(8), 46(2) (with art. 40, Sch. 7 para. 12)
C121S. 236(3)-(8) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)
C122S. 236(3)-(8) applied (with modifications) (30.5.2007) by The Brighton West Pier Harbour Revision Order 2007 (S.I. 2007/1423), art. 5(3)(4) (with arts. 6-8)
C123S. 236(3)-(8) applied (with modifications) (18.9.2009) by The Penzance Harbour Revision Order 2009 (S.I. 2009/2325), art. 24 (with arts. 39, 40)
C124S. 236(3)-(8) applied (10.8.2010) by The Ryde Pier Harbour Revision Order 2010 (S.I. 2010/1900), arts. 1, 3(3) (with arts. 4-6)
C125S. 236(3)-(8) applied (1.7.2011) by The Saundersfoot Harbour Empowerment Order 2011 (S.I. 2011/1565), arts. 1(2), 30(4)
C126S. 236(3)-(8) applied (with modifications) (13.3.2012) by The London Cable Car Order 2012 (S.I. 2012/472), arts. 1, 6(3)
C127S. 236(3)-(8) applied (22.5.2012) by The Bridgewater Canal (Transfer of Undertaking) Order 2012 (S.I. 2012/1266), arts. 1(1), 4(9)
C128S. 236(3)-(8) applied (with modifications) (23.7.2012) by The Poole Harbour Revision Order 2012 (S.I. 2012/1777), arts. 1(2), 28(1) (with arts. 58, 59)
C129S. 236(3)-(8) applied (with modifications) (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), arts. 1, 42(7)-(9) (with arts. 46-48, Sch. 8 para. 18)
C130S. 236(3)-(8) applied (with modifications) (7.3.2016) by The Newhaven Harbour Revision Order 2016 (S.I. 2016/151), arts. 1(1), 11(6) (with arts. 29, 30)
C131S. 236(3)-(8) applied (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 52(7) (with arts. 55-57, Sch. 8 para. 13)
C132S. 236(3)-(8) applied (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 48(3) (with art. 48(4))
C133S. 236(3)-(8) applied (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 46(8) (with arts. 46(9), 51, 56)
C134S. 236(3)-(8) applied (with modifications) (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 51(7)
C135S. 236(3)-(8) applied (17.2.2021) by The Weymouth Harbour Revision Order 2021 (S.I. 2021/43), arts. 1, 20(6) (with arts. 42, 44)
C136S. 236(7) applied (with modifications) (21.7.1994) by 1994 c. xiii, s. 10(2)
S. 236(7) applied (with modifications) (30.8.1994) by S.I. 1994/2298, art. 30
S. 236(7) applied (with modifications) (8.7.1996) by S.I. 1996/1627, art. 23(5)
C137S. 236(7) modified (28.5.1994) by S.I. 1994/1440, art. 11(1)(b)
S. 236(7) modified (20.5.1998) by S.I. 1998/1209, art. 12(2)
C138S. 236(7) modified (10.8.2010) by The Ryde Pier Harbour Revision Order 2010 (S.I. 2010/1900), arts. 1, 3(4) (with arts. 4-6)
C139S. 236(7) applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 52(8) (with arts. 55-57, Sch. 8 para. 13)
C140S. 236(8) extended (with modifications) by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), s. 65(7)
C141S. 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)
C142S. 236(10C)(11) applied (with modifications) (13.3.2012) by The London Cable Car Order 2012 (S.I. 2012/472), arts. 1, 6(3)
C143S. 236(10C) applied (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 48(3) (with art. 48(4))
C144S. 236(11) applied (with modifications) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 5
C145S. 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)
C146S. 236(11) applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)
C147S. 236(11) applied (22.5.2012) by The Bridgewater Canal (Transfer of Undertaking) Order 2012 (S.I. 2012/1266), arts. 1(1), 4(9)
C148S. 236(11) applied (with modifications) (23.7.2012) by The Poole Harbour Revision Order 2012 (S.I. 2012/1777), arts. 1(2), 28(1) (with arts. 58, 59)
C149S. 236(11) applied (with modifications) (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), arts. 1, 42(7)-(9) (with arts. 46-48, Sch. 8 para. 18)
C150S. 236(11) applied (with modifications) (7.3.2016) by The Newhaven Harbour Revision Order 2016 (S.I. 2016/151), arts. 1(1), 11(6) (with arts. 29, 30)
C151S. 236(11) applied (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 52(7) (with arts. 55-57, Sch. 8 para. 13)
C152S. 236(11) applied (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 48(3) (with art. 48(4))
C153S. 236(11) applied (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 46(8) (with arts. 46(9), 51, 56)
C154S. 236(11) applied (with modifications) (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 51(7)
(1)The Secretary of State may, in relation to England, by regulations—
(a)prescribe classes of byelaws to which section 236 does not apply, and
(b)make provision about the procedure for the making and coming into force of such byelaws.
(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—
(a)the enactment under which byelaws are made,
(b)the subject-matter of byelaws,
(c)the authority by whom byelaws are made,
(d)the authority or person by whom byelaws are confirmed.
(3)The regulations may, in particular, include provision about—
(a)consultation to be undertaken before a byelaw is made,
(b)publicising a byelaw after it is made.
(4)The regulations may make—
(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
(b)different provision for different areas, including different provision for different localities and for different authorities.
(5)Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]
Textual Amendments
F123S. 236A inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 129(3), 245(5); S.I. 2010/112, art. 2(a)
Modifications etc. (not altering text)
C109Ss. 236-237 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C155Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
(1)This section applies to—
(a)a local authority [F125in England];
(b)the Greater London Authority;
(c)Transport for London;
[F126(d)an Integrated Transport Authority for an integrated transport area in England][F127;
(e)a combined authority.]
(2)Such an authority may make a byelaw under this section to revoke a byelaw made by the authority.
(3)The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw.
(4)The confirming authority in relation to a byelaw made under this section shall be—
F128(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F129... the Secretary of State.
[F130(4A)Subsection (4)(b) does not apply to byelaws of a class prescribed by regulations under section 236A(1).]
(5)The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary.
F131(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)An order under this section may make—
(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and
(b)different provision for different areas, including different provision for different localities and for different authorities.
(8)A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(9)Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F132(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F133(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F124S. 236B inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 134, 245(5); S.I. 2010/112, art. 2(f)
F125Words in s. 236B(1)(a) inserted (8.5.2018) by Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(4)(a) (as amended by 2013 anaw 4, s. 75(2)(d), Sch. 1 para. 6); S.I. 2018/550, art. 2
F126S. 236B(1)(d) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 77, 134, Sch. 4 para. 48(3); S.I. 2009/107, art. 2(1); Sch. 1 Pt. 1
F127S. 236B(1)(e) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 35; S.I. 2009/3318, art. 2(c)
F128S. 236B(4)(a) omitted (8.5.2018) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(4)(b)(i) (as amended by 2013 anaw 4, s. 75(2)(d), Sch. 1 para. 6); S.I. 2018/550, art. 2
F129Words in s. 236B(4)(b) omitted (8.5.2018) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(4)(b)(ii) (as amended by 2013 anaw 4, s. 75(2)(d), Sch. 1 para. 6); S.I. 2018/550, art. 2
F130S. 236B(4A) inserted (E.) (3.3.2016) by The Byelaws (Alternative Procedure) (England) Regulations 2016 (S.I. 2016/165), reg. 1(1), Sch. 2 para. 5(3)
F131S. 236B(6) omitted (8.5.2018) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(4)(c) (as amended by 2013 anaw 4, s. 75(2)(d), Sch. 1 para. 6); S.I. 2018/550, art. 2
F132S. 236B(10) omitted (8.5.2018) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(4)(c) (as amended by 2013 anaw 4, s. 75(2)(d), Sch. 1 para. 6); S.I. 2018/550, art. 2
F133S. 236B(11) omitted (8.5.2018) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(4)(c) (as amended by 2013 anaw 4, s. 75(2)(d), Sch. 1 para. 6); S.I. 2018/550, art. 2
Modifications etc. (not altering text)
C109Ss. 236-237 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C156Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
Byelaws to which section 236 above applies [F134and byelaws of a class prescribed by regulations under section 236A] may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of £20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.
Textual Amendments
F134Words in s. 237 inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 129(4), 245(5); S.I. 2010/112, art. 2(a)
Modifications etc. (not altering text)
C109Ss. 236-237 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C157S. 237 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)
C158S. 237 amended by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 40, 46
C159S. 237 modified by S.I. 1986/143, regs. 2(1), 3(1)
C160S.237: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).
C161S. 237 modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch. 2.
S. 237: certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch.2.
C162S. 237 modified (10.01.1992) by S.I.1991/2913, art.8(2), Sch.2.
S. 237: certain functions transferred (10.01.1992) by S.I.1991/2913, art.8, Sch.2.
S. 237 applied (30.10.1994) by S.I. 1994/2716, reg. 94(1)
S. 237 applied (with modifications) (1.11.1994) by S.I. 1994/2733, art. 3(4)
S. 237 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. 237 applied (with modifications) (19.8.1996) by S.I. 1996/2103, art. 3(9)
S. 237 applied (with modifications) (1.8.2000) by S.I. 2000/2103, art. 3(4)
S. 237 applied (with modifications) (4.9.2000) by S.I. 2000/2251, art. 3(4)
S. 237 applied (30.1.2001) by 2000 c. 37, ss. 17(5), 103(2) (with s. 43)
C163S. 237 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. 237 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)
C164Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
C165S. 237 applied (10.8.2010) by The Ryde Pier Harbour Revision Order 2010 (S.I. 2010/1900), arts. 1, 3(3) (with arts. 4-6)
A byelaw made under section 235 may include provision for or in connection with—
(a)the seizure and retention of any property in connection with any contravention of the byelaw, and
(b)the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.]
Textual Amendments
F135S. 237ZA inserted (19.12.2011 for E.) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 150(2), 157(1)(4); S.I. 2011/2834, art. 2(k)
(1)The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies.
(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—
(a)the enactment under which byelaws are made,
(b)the subject-matter of byelaws,
(c)the authority by whom byelaws are made,
(d)the authority or person by whom byelaws are confirmed.
(3)Where—
(a)an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or
(b)an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council,
the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.
(4)A fixed penalty notice under this section is payable to the authority whose officer gave the notice.
(5)Where a person is given a notice under this section in respect of an offence—
(a)no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and
(b)he may not be convicted of the offence if he pays the fixed penalty before the end of that period.
(6)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence.
(7)A notice under this section must also state—
(a)the period during which, by virtue of subsection (5), proceedings will not be taken for the offence,
(b)the amount of the fixed penalty, and
(c)the person to whom and the address at which the fixed penalty may be paid.
(8)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned.
(9)Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(10)The form of a notice under this section may be specified in regulations under subsection (1).
(11)In any proceedings a certificate which—
(a)purports to be signed on behalf of the chief finance officer of an authority, and
(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(12)In this section—
“authorised officer”, in relation to an authority, means—
an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section,
any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, and
any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,
“chief finance officer”, in relation to an authority, means the person having responsibility for the financial affairs of the authority.
(13)Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section.
Textual Amendments
F136Ss. 237A-237C inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 130(1), 245(5); S.I. 2010/112, art. 2(b)
Modifications etc. (not altering text)
C166Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
C167Ss. 237A-237E applied (with modifications) (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 11(2) (with arts. 8(4), 12)
C168Ss. 237A-238 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
(1)The amount of a fixed penalty payable in pursuance of a notice under section 237A is—
(a)the amount specified by the authority which made the byelaw, or
(b)if no amount is so specified, £75.
(2)An authority may specify different amounts in relation to different byelaws.
(3)The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2).
(4)Regulations under subsection (3) may, in particular—
(a)require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations,
(b)restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (2).
(5)The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).
Textual Amendments
F136Ss. 237A-237C inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 130(1), 245(5); S.I. 2010/112, art. 2(b)
Modifications etc. (not altering text)
C167Ss. 237A-237E applied (with modifications) (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 11(2) (with arts. 8(4), 12)
C168Ss. 237A-238 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C169Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
(1)If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address.
(2)A person commits an offence if—
(a)he fails to give his name and address when required to do so under subsection (1), or
(b)he gives a false or inaccurate name or address in response to a requirement under that subsection.
(3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)In this section, “authorised officer” has the same meaning as in section 237A.]
Textual Amendments
F136Ss. 237A-237C inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 130(1), 245(5); S.I. 2010/112, art. 2(b)
Modifications etc. (not altering text)
C167Ss. 237A-237E applied (with modifications) (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 11(2) (with arts. 8(4), 12)
C168Ss. 237A-238 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C170Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
(1)“Fixed penalty receipts” means amounts paid to an authority in pursuance of notices under section 237A.
(2)The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance.
(3)A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.]
Textual Amendments
F137S. 237D inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 131, 245(5); S.I. 2010/112, art. 2(c)
Modifications etc. (not altering text)
C167Ss. 237A-237E applied (with modifications) (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 11(2) (with arts. 8(4), 12)
C168Ss. 237A-238 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C171Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
An authority which makes byelaws of a class prescribed by regulations under section 236A or 237A must have regard to any guidance issued by the Secretary of State about—
(a)procedure for which provision is made by regulations under section 236A(1);
(b)fixed penalties;
(c)anything related to the matters mentioned in paragraph (a) or (b).]
Textual Amendments
F138S. 237E inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 132, 245(5); S.I. 2010/112, art. 2(d)
Modifications etc. (not altering text)
C167Ss. 237A-237E applied (with modifications) (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 11(2) (with arts. 8(4), 12)
C168Ss. 237A-238 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C172Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
(1)Regulations under section 237A or 237B, and an order under section 237B, may make—
(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
(b)different provision for different areas, including different provision for different localities and for different authorities.
(2)A statutory instrument containing—
(a)regulations under section 237A or 237B which amend or repeal any provision of an Act, or
(b)an order under section 237B which amends or repeals any provision of an Act,
may not be made unless a draft of the instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.
(3)Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F139S. 237F inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 130(2), 245(5); S.I. 2010/112, art. 2(b)
Modifications etc. (not altering text)
C168Ss. 237A-238 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C173Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
The production of a printed copy of a byelaw purporting to be made by a local authority [F140in England] [F141, the Greater London Authority] [F142, an Integrated Transport Authority for an integrated transport area in England or a combined authority] upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—
(a)that the byelaw was made by the authority;
(b)that the copy is a true copy of the byelaw;
(c)that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;
(d)the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;
shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
Textual Amendments
F140Words in s. 238 inserted (31.3.2015) by Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(5); S.I. 2015/1025, art. 2(r) (with art. 3)
F141Words in s. 238 inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 4
F142Words in s. 238 substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 36; S.I. 2009/3318, art. 2(c)
Modifications etc. (not altering text)
C168Ss. 237A-238 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 33(2)
C174S. 238 extended (with modifications) by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), s. 65(7)
S. 238 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)
C175S. 238 modified by S.I. 1986/143, regs. 2(1), 3(1)
S. 238 modified (7.8.1991) by S.I. 1991/1773 art. 8(2), Sch. 2
S. 238 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2
S. 238 modified (28.5.1994) by S.I. 1994/1440, art. 11(1)
C176S. 238 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)
Ss. 236-238 applied (12.3.1991) by S.I. 1991/993, art. 3(3)
S. 238 applied (with modifications) (17.3.1993) by S.I. 1993/1313, art. 30(1)(a) (with art. 39)
S. 238 applied (with modifications) (5.11.1993) by 1993 c. 42, s. 16(8) (with s. 30(1), Sch. 2 para. 9)
Ss. 236-238 applied (with modifications) (5.11.1993) by S.I. 1993/2733, art. 3(4) (with arts. 22, 23)
S. 238 applied (with modifications) (3.12.1993) by S.I. 1993/2974, art. 5(2) (with arts. 7, 9)
S. 238 applied (1.7.1994) by S.I. 1994/1647, art. 6(4)
S. 238 applied (21.7.1994) by 1994 c. xiii, s. 10(1)
S. 238 applied (30.8.1994) by S.I. 1994/2298, art. 30
S. 238 applied (30.10.1994) by S.I. 1994/2716, reg. 94(1)
S. 238 applied (with modifications) (1.11.1994) by S.I. 1994/2733, art. 3(4)
S. 238 applied (with modifications) (23.12.1994) by S.I. 1994/3162, art. 16(4)
S. 238 applied (8.7.1996) by S.I. 1996/1627, art. 23(4)
S. 238 applied (with modifications) (19.8.1996) by S.I. 1996/2103, art. 3(9)
S. 238 applied (20.5.1998) by S.I. 1998/1209, art. 12(1)
S. 238 applied (18.7.2000) by S.I. 2000/1884, art. 28(1)
S. 238 applied (with modifications) (1.8.2000) by S.I. 2000/2103, art. 3(4)
S. 238 applied (25.8.2000) by S.I. 2000/2152, art. 27(4)
S. 238 applied (with modifications) (4.9.2000) by S.I. 2000/2251, art. 3(4)
S. 238 applied (30.1.2001) by 2000 c. 37, ss. 17(5), 103(2) (with s. 43)
S. 238 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)
C177S. 238: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2
S. 238: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2
C178S. 238 amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
C179S. 238 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. 238 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)
C180Ss. 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)
C181S. 238 applied (with modifications) (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), arts. 39(5)(6)(8), 46(2) (with art. 40, Sch. 7 para. 12)
C182S. 238 applied (E.) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 44(8) (arts. 45-48 Sch. 6 para. 23)
C183S. 238 applied (with modifications) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 5
C184S. 238 applied (30.5.2007) by The Brighton West Pier Harbour Revision Order 2007 (S.I. 2007/1423), art. 5(3)(4) (with arts. 6-8)
C185S. 238 applied (with modifications) (18.9.2009) by The Penzance Harbour Revision Order 2009 (S.I. 2009/2325), art. 24 (with arts. 39, 40)
C186Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)
C187S. 238 applied (10.8.2010) by The Ryde Pier Harbour Revision Order 2010 (S.I. 2010/1900), arts. 1, 3(3) (with arts. 4-6)
C188S. 238 applied (1.7.2011) by The Saundersfoot Harbour Empowerment Order 2011 (S.I. 2011/1565), arts. 1(2), 30(4)
C189S. 238 applied (22.5.2012) by The Bridgewater Canal (Transfer of Undertaking) Order 2012 (S.I. 2012/1266), arts. 1(1), 4(9)
C190S. 238 applied (with modifications) (23.7.2012) by The Poole Harbour Revision Order 2012 (S.I. 2012/1777), arts. 1(2), 28(1) (with arts. 58, 59)
C191S. 238 applied (with modifications) (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), arts. 1, 42(7)-(9) (with arts. 46-48, Sch. 8 para. 18)
C192S. 238 applied (with modifications) (7.3.2016) by The Newhaven Harbour Revision Order 2016 (S.I. 2016/151), arts. 1(1), 11(6) (with arts. 29, 30)
C193S. 238 applied (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 52(7) (with arts. 55-57, Sch. 8 para. 13)
C194S. 238 applied (17.2.2021) by The Weymouth Harbour Revision Order 2021 (S.I. 2021/43), arts. 1, 20(6) (with arts. 42, 44)
C195S. 238 applied (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 51(6) (with art. 55)
C196S. 238 applied (with modifications) (coming into force in accordance with s. 13 of the amending Act) by Monken Hadley Common Act 2022 (c. ii), s. 11 (with s. 8(3))
(1)Subject to the provisions of this Act, where a [F143local authority in England, other than a parish council], are satisfied that it is expedient to promote, or any local authority [F144in England] are satisfied that it is expedient to oppose, any local or personal Bill in Parliament, the local authority may, but only in accordance with the procedure hereinafter provided by this section, promote or oppose the Bill accordingly, and may defray the expenses incurred in relation thereto.
(2)A resolution of a local authority to promote or oppose a Bill under subsection (1) above shall be—
(a)passed by a majority of the whole number of the members of the authority at a meeting of the authority held after the requisite notice of the meeting and of its purpose has been given by advertisement in one or more local newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and
(b)in the case of the promotion of a Bill, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the Bill has been deposited in Parliament and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the Bill.
(3)For the purposes of subsection (2) above the requisite notice is thirty clear days’ notice in the case of promotion of a Bill and ten clear days’ notice in the case of opposition to a Bill.
(4)The power conferred on a local authority by subsection (1) above shall be in substitution for any power conferred on that authority by a local Act.
[F145(4A)The powers conferred on a local authority by sub-section (1) above shall also be exercisable by a joint authority [F146, an economic prosperity board] [F147and a combined authority] F148. . ..]
(5)No payment shall be made by a [F149an authority] to a member of the authority for acting as counsel or agent in promoting or opposing a Bill under this section.
Textual Amendments
F143Words in s. 239(1) substituted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), s. 75(2)(d), Sch. 1 para. 1(10)(a)
F144Words in s. 239(1) inserted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), s. 75(2)(d), Sch. 1 para. 1(10)(b)
F145S. 239(4A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 32(1)
F146Words in s. 239(4A) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 37; S.I. 2009/3318, art. 2(c)
F147Words in s. 239(4A) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(u); S.I. 2015/994, art. 6(g)
F148Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F149Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 32(2)
Modifications etc. (not altering text)
C197S. 239 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(h)
S. 239 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(h) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 239 extended (with modifications)(19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 7(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 239: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
C198S. 239 modified (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 32
S. 239 modified (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 32
C199S. 239 modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 19(3)(g)
C200S. 239(4A) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(o)
(1)Where the Secretary of State is authorised to make a provisional order under this Act or any enactment passed on or after 1st June 1934 (being the date of commencement of the 1933 Act), the following provisions shall have effect—
(a)before a provisional order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
(b)the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as the Secretary of State may direct and at which all persons interested shall be permitted to attend and make objections;
(c)the Secretary of State may submit the provisional order to Parliament for confirmation, and the order shall have no effect until it is confirmed by Parliament;
(d)if while the Bill for the confirmation of the order is pending in either House of Parliament a petition is presented against the order, the petitioner shall be allowed to appear before the Select Committee to which the Bill is referred, and oppose the order, as in the case of a private Bill.
(2)The reasonable costs incurred by a local authority in promoting or opposing a provisional order, and of the preliminary inquiry, or in supporting or opposing a Bill to confirm a provisional order, as sanctioned by the Secretary of State, shall be deemed to be expenses properly incurred by the local authority interested or affected by the order and shall be paid accordingly, and a local authority may borrow for the purpose of defraying any such costs.
(3)Where the Secretary of State is authorised to make an order under this Act which is subject to special parliamentary procedure or an order under any enactment passed on or after 1st June 1934 which is so subject by virtue of section 8(3) of the M6Statutory Orders (Special Procedure) Act 1945, the following provisions shall have effect—
(a)before the order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
(b)the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as he may direct and at which all persons interested shall be permitted to attend and make objections.
(4)Any order mentioned in subsection (1) or (3) above may repeal, revoke, modify or amend any Act confirming a provisional order or any order which has been subject to parliamentary procedure.
(5)At any time before submitting any order mentioned in subsection (1) or (3) above to Parliament, the Secretary of State may revoke the order, either wholly or in part.
(6)The making of any order mentioned in subsection (1) or (3) above shall be prima facie evidence that all the requirements of this section and any other enactment with respect to the steps to be taken before the making of the order have been complied with.
(7)Subsections (3) to (6) above shall be included among the enactments which may be adapted or modified by an Order in Council under section 8(3) of the M7Statutory Orders (Special Procedure) Act 1945.
Modifications etc. (not altering text)
C201S. 240 modified by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 4(4)(a), 79
C202S. 240 amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
C203S. 240(2) modified (07.08.1991) by S.I.1991/1773 art.8(2), Sch.2.
S. 240(2): certain functions transferred (07.08.1991) by S.I.1991/1773, art. 8, Sch. 2.
C204S. 240(2) modified (10.01.1992) by S.I.1991/2913, art.8(2), Sch.2.
S. 240(2): certain functions transferred (10.01.1992) by S.I.1991/2913, art.8, Sch.2.
Marginal Citations
Where any enactment, whether passed before or after 1st April 1974, authorises the formation by a provisional or other order of a joint board or joint committee, the constituent members of which are local authorities, for the discharge of any of the functions of those authorities, the provisional order or order may apply to the joint board or joint committee, subject to any necessary modifications, any of the provisions of this Act.
Modifications etc. (not altering text)
C205S. 241 extended by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 3(3), 79
S. 241 modified (28.7.1995) by 1990 c. 8, s. 2(6A) (as inserted (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 42 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2)
C206S. 241 applied (with modifications) (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 8(1), Sch. 1
No misnomer or inaccurate description of any person or place named in any voting paper or notice relating to an election under Part I or II of this Act shall affect its full operation with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.
(1)Where the day or the last day on which anything is required or permitted to be done by or by virtue of any provision to which this subsection applies is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above.
(2)Subsection (1) above applies to any provision of this Act or of an instrument under this Act, except a provision in Part IX or X or a provision of [F150rules under F151. . . paragraph 18 or] [F150regulations under paragraph 18 or rules under paragraph 34] 34 of Schedule 12 to this Act [F152and applies also to sections F153. . ., 31 and 32 of the Local Government Act 1985].
(3)[F154Where under subsection (4) below] the day of a poll consequent on a parish or community meeting is postponed, the day to which it is postponed shall be treated for the purposes of this Act as the day F155. . . of the poll, F155. . ..
(4)In computing any period of time for the purpose of any [F156regulations or] rules mentioned in subsection (2) above or for the purposes of F157. . . 89(1) above any day specified in subsection (1) above shall be disregarded, but where between the giving of a notice F158. . . of the poll and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such [F156regulations or] rules, shall not operate to invalidate any act which would have been valid apart from that provision.
(5)Subsection (4) above, so far as it relates to any such [F159regulations or] rules shall have effect subject to the provisions of those [F159regulations or] rules.
Textual Amendments
F150Words in s. 243(2) substituted (4.4.2014 for specified purposes) by Local Audit and Accountability Act 2014 (c. 2), ss. 42(4)(a), 49(1); S.I. 2014/900, art. 2(g)
F151Words repealed by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 9 Pt. II
F152Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 33
F153In s. 243(2) the reference to section 19 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F154Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), ss. 19(6)(a), 29
F155Words repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 19(6)(a), 28, 29, Sch. 5
F156Words in s. 243(4) inserted (4.4.2014 for specified purposes) by Local Audit and Accountability Act 2014 (c. 2), ss. 42(4)(b), 49(1); S.I. 2014/900, art. 2(g)
F157Words repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II
F158Words in s. 243(4) repealed (8.11.1995) by 1995 c. 44, s. 1(1), Sch. 1 Pt. VI
F159Words in s. 243(5) inserted (4.4.2014 for specified purposes) by Local Audit and Accountability Act 2014 (c. 2), ss. 42(4)(c), 49(1); S.I. 2014/900, art. 2(g)
Modifications etc. (not altering text)
C207S. 243(1) modified by Representation of the People Act 1985 (c. 50, SIF 42), ss. 19(6)(b), 29
S. 243(1) applied (1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 8(2)(3) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)
C208S. 243(4) modified by Representation of the People Act 1985 (c. 50, SIF 42), ss. 19(6)(b), 29
S. 243(4) applied (14.12.1999) by 1999 c. 29, ss. 10(7), 16(8) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
(1)The Secretary of State shall, as regards every local authority, exercise any power conferred on the Treasury by any local or private Act passed before 4th August 1906 with respect to dealings with property, loans and matters connected therewith and all such enactments, and all enactments referring to the power so conferred, shall be construed accordingly.
(2)If any question arises whether subsection (1) above applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be final.
Modifications etc. (not altering text)
C209S. 244 applied (with modifications) (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 14
This Part shall have effect as if any reference to a joint authority included a reference to the London Fire Commissioner.]
Textual Amendments
F160S. 244A substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 47; S.I. 2018/227, reg. 4(c)