Water Act 1989

Section 186.

SCHEDULE 24 Procedure relating to Byelaws

1 (1) No byelaw made by a relevant body shall have effect until confirmed by the appropriate Minister under this Schedule.

(2) A relevant body shall, at least one month before it applies for the confirmation of any byelaw—

(a) cause a notice of its intention to make the application to be published in the London Gazette and in such other manner as it considers appropriate for the purpose of bringing the proposed byelaw to the attention of persons likely to be affected by it; and

(b) cause copies of the notice to be served on any persons carrying out functions under any enactment who appear to it to be concerned.

(3) For at least one month before an application is made by a relevant body for the confirmation of any byelaw, a copy of it shall be deposited at one or more of the offices of the relevant body, including (if there is one) at an office in the area to which the byelaw would apply.

(4) A relevant body shall provide reasonable facilities for the inspection free of charge of a byelaw deposited under sub-paragraph (3) above.

(5) Every person shall be entitled, on application to a relevant body, to be furnished free of charge with a printed copy of a byelaw so deposited.

2 (1) Subject to sub-paragraph (2) below, the appropriate Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by a relevant body for confirmation under this Schedule, or may confirm the byelaw either without or, if the relevant body consents, with modifications; and the relevant body which submitted the byelaw shall, if so directed by the appropriate Minister, cause notice of any proposed modifications to be given in accordance with his directions.

(2) A byelaw made by the Authority under section 114 of this Act shall be confirmed without a local inquiry only if—

(a) no written objection to its confirmation has been received by the appropriate Minister;

(b) every objection to its confirmation which has been so received has been withdrawn; or

(c) in the opinion of that Minister the person making the objection has no material interest in the controlled waters (within the meaning of Chapter I of Part III of this Act) to which the byelaw relates;

and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words “if the relevant body consents” of the words “after consultation with the relevant body” .

3 The appropriate Minister may fix the date on which any byelaw confirmed under this Schedule is to come into force, and if no date is so fixed the byelaw shall come into force at the end of the period of one month beginning with the date of confirmation.

4 (1) Every byelaw made by a relevant body and confirmed under this Schedule shall be printed and deposited at one or more of the offices of the relevant body, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge.

(2) Every person shall be entitled, on application to a relevant body and on payment of such reasonable sum as the relevant body may determine, to be furnished with a copy of any byelaw so deposited by that body.

5 If it appears to the appropriate Minister that the revocation of a byelaw is necessary or expedient, he may, after giving notice to the relevant body which made the byelaw and considering any representations or objections made by that body, and, if required by that body, after holding a local inquiry, revoke that byelaw.

6 The production of a printed copy of a byelaw purporting to be made by a relevant body upon which is indorsed a certificate, purporting to be signed on its behalf, stating—

(a) that the byelaw was made by that body;

(b) that the copy is a true copy of the byelaw;

(c) that on a specified date the byelaw was confirmed under this Schedule; and

(d) the date, if any, fixed under paragraph 3 above 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.

7 (1) In this Schedule “the appropriate Minister”—

(a) in relation to byelaws made by virtue of any provision of Chapter III of Part III of this Act and having effect in the area of a regional flood defence committee the whole or the greater part of whose area is in England, means the Minister;

(b) in relation to byelaws made by virtue of any provision of Chapter IV of Part III of this Act, means the Secretary of State or the Minister; and

(c) in relation to any other byelaws, means the Secretary of State.

(2) In this Schedule “relevant body” means the Authority or any water undertaker or sewerage undertaker.