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The Brighton West Pier Harbour Revision Order 2007
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Byelaws
5.—(1) In addition to the byelaws which may be made by the Trust under section 83 of the Act of 1847 or any other enactment contained in the existing pier enactments, the Trust may make byelaws for the good rule and government of the pier.
(2) Byelaws made under this article or under the existing pier enactments may be expressed to be applicable to all or any part of the pier.
(3) Section 236(3) to (8) and section 238 of the Local Government Act 1972(1) shall apply to all byelaws made by the Trust under this article or under the existing pier enactments.
(4) In its application to byelaws made by the Trust under this article or under the existing pier enactments, section 236(7) of the Local Government Act 1972 shall, subject to paragraph (6), be construed as if it had been amended by the insertion of the words “with or without modifications” after the word “confirm” in the second place where that word occurs.
(5) The confirming authority for the purposes of this article and of section 236 of the Local Government Act 1972 in its application to byelaws made by the Trust shall be the Secretary of State.
(6) Where the Secretary of State proposes to make a modification which appears to him to be substantial—
(a)he shall inform the Trust and require it to take any steps he thinks necessary for informing persons likely to be concerned by that modification; and
(b)he shall not confirm the byelaws until there has elapsed such a period as he thinks reasonable for the Trust and other persons who have been informed of the proposed modification to consider and comment upon it.
(7) Byelaws made by the Trust under this article or under the existing pier enactments may contain provisions imposing upon a person offending against any such byelaw a fine on summary conviction not exceeding level 3 on the standard scale.
(8) Byelaws made under this article or under the existing pier enactments may provide that, in proceedings for an offence against any such byelaw, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.
(1)
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