Part XI General Provisions as to Local Authorities
Byelaws
C1C2C3C4C5C6C7C35C38C42C46C52C53C54236 Procedure etc., for byelaws.
1
Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority F13in England under this Act F1and to byelaws made by a local authority F13in England, F2the Greater London AuthorityF3, Transport for LondonF4, 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
F5a
byelaws of a class prescribed by regulations under section 236A, or
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F8Subject 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 F12... 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.
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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.
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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.
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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.
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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.
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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.
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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.
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The proper officer of a district council F14... 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 F15... 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 F15... 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 F15....
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.
F1610A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1010B
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.
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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.
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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.