Part 6Byelaws

I1129Alternative procedure for byelaws

1

The Local Government Act 1972 (c. 70) is amended as follows.

2

In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the section does not apply), after “apply to” insert—

a

byelaws of a class prescribed by regulations under section 236A, or

b

3

After section 236 insert—

236AAlternative procedure for certain byelaws

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.

4

In section 237 (offences against byelaws), after “applies” insert “ and byelaws of a class prescribed by regulations under section 236A ”.