SCHEDULES

C1C2SCHEDULE 26 PROCEDURE RELATING TO BYELAWS MADE BY THE F7AGENCY

Section 210.

Annotations:
Amendments (Textual)
F7

Word in the heading to Sch. 26 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)
C1

Sch. 26 applied (with modifications) by S.I. 1999/1746, arts. 1(1), 4(3) (with art. 2) (the exclusion coming into force immediately before the principal appointed day (1.7.1999 appointed by S.I. 1998/3178, art. 3))

C2

Sch. 26 applied (15.8.2002) by S.I. 2002/1998, art. 17(14) (with art. 33)

Confirmation of byelaws

1

1

No byelaw made by the F1Agency shall have effect until confirmed by the relevant Minister under this Schedule.

2

At least one month before it applies for the confirmation of any byelaw, the F1Agency shall—

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 the F1Agency for the confirmation of any byelaw, a copy of it shall be deposited at one or more of the offices of the F1Agency, including (if there is one) at an office in the area to which the byelaw would apply.

4

The F1Agency 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 the F1Agency, to be furnished free of charge with a printed copy of a byelaw so deposited.

Confirmation with or without modifications

2

1

Subject to sub-paragraph (3) below, the relevant Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by the F2Agency for confirmation under this Schedule, or may confirm the byelaw either without or, if the F2Agency consents, with modifications.

2

The F2Agency shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions.

3

A byelaw made by the F2Agency under paragraph 4 of Schedule 25 to this Act shall be confirmed without a local inquiry only if—

a

no written objection to its confirmation has been received by the relevant 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 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 F2Agency consents" of the words “ after consultation with the F2Agency ” .

Commencement of byelaw

3

1

The relevant Minister may fix the date on which any byelaw confirmed under this Schedule is to come into force.

2

If no date is so fixed in relation to a byelaw, it shall come into force at the end of the period of one month beginning with the date of confirmation.

Availability of confirmed byelaws

4

1

Every byelaw made by the F3Agency and confirmed under this Schedule shall be printed and deposited at one or more of the offices of the F3Agency, 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 the F3Agency and on payment of such reasonable sum as the F3Agency may determine, to be furnished with a copy of any byelaw so deposited by the F3Agency.

Revocation of byelaws

5

If it appears to the relevant Minister that the revocation of a byelaw is necessary or expedient, he may—

a

after giving notice to the F4Agency and considering any representations or objections made by the F4Agency; and

b

if required by the F4Agency, after holding a local inquiry,

revoke that byelaw.

Proof of byelaws

6

The production of a printed copy of a byelaw purporting to be made by the F5Agency upon which is indorsed a certificate, purporting to be signed on its behalf, stating—

a

that the byelaw was made by the F5Agency;

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 force 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.

Meaning of “the relevant Minister"

7

In this Schedule “the relevant Minister”—

a

in relation to byelaws which—

i

are made by virtue of paragraph 5 of Schedule 25 to this Act or by virtue of section 136(8) of the M1Water Act 1989 as read with the savings in paragraphs 1 and 5 of Schedule 2 to the M2Water Consolidation (Consequential Provisions) Act 1991 (transfer of land drainage functions under local statutory provisions); and

ii

have 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 paragraph 6 of that Schedule 25 or by virtue of any provision amended by Schedule 17 to the Water Act 1989 (fisheries functions of the F6Agency), means the Secretary of State or the Minister; and

c

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