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National Parks and Access to the Countryside Act 1949

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This is the original version (as it was originally enacted).

106Supplementary provisions as to byelaws

(1)Sections two hundred and fifty to two hundred and fifty-two of the Local Government Act, 1933 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding five pounds, and provide for the proof of byelaws in legal proceedings) shall apply to all byelaws under this Act as if any authority having power to make them were a local authority within the meaning of the said Act of 1933, so, however, that in relation to byelaws made by the Nature Conservancy the said sections shall apply subject to such adaptations as may be prescribed by regulations made by the Secretary of State.

(2)In relation to byelaws made under this Act the confirming authority for the purposes of the said section two hundred and fifty shall be the Secretary of State.

(3)Any authority having power under this Act to make byelaws shall have power to enforce byelaws made by them.

(4)The following provisions shall have effect in the application of this section to Scotland:—

(a)for references to the Local Government Act, 1933, and to sections two hundred and fifty to two hundred and fifty-two thereof there shall be substituted references to the Local Government (Scotland) Act, 1947, and to sections three hundred and one to three hundred and three thereof; and

(b)nothing in the last foregoing subsection shall be construed as authorising any such authority as is mentioned therein to institute proceedings in Scotland for an offence.

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