Ministry of Defence Byelaws Website
This site is being developed to inform the public about our byelaws and the review of byelaws currently being conducted across the Ministry of Defence.
These web pages will also enable the public to view and comment on proposed new byelaws as they are made providing a valuable contribution to a process designed to enhance continuing effective management of the
Defence Estate in the 21st Century.
A Byelaws Review Team has been set up within the Defence Estates organisation to carry out a review of all existing Ministry of Defence byelaws. The Department's sites are numerous and varied, ranging from coastal firing ranges to garrisons in urban areas, each with its own set of issues. The review therefore will be a painstaking and complex exercise, taking several years to complete. As part of the review each byelaw in turn will be carefully scrutinised and where deemed appropriate a new replacement byelaw will be made.
Byelaws are a form of delegated legislation, used mostly by local authorities and government departments; they cover a defined geographical area, normally regulating certain activities in the interests of safety and security. Presently under the provisions of the Military Lands Act 1892 (s14), the Secretary of State for Defence is empowered to make byelaws to regulate the use of land being used for military purposes. Many of these byelaws date back to the early part of the 20th century and do not reflect subsequent changes within the Department, changes of use within sites or the impact of recent legislation, such as the Countryside and Rights of Way Act 2000. Breach of a byelaw is a criminal offence and as such the enforcement of byelaws is one of number of tools which the Department can use to help protect its sites. Equally the presence of a byelaw can allow public access over areas that would otherwise be prohibited.
It is intended that the review will be conducted in accordance with the principles of Open Government, accordingly this site is linked to the
main Ministry of Defence Internet Website. A link to
the MOD Publication Scheme will also be established when
feasibility permits. In addition to listing all byelaws that have lapsed and those to be reviewed, it will in due course
Proposed New Byelaws as they are issued, enabling wider
public consultation within the process. After being
collated and recorded
all responses received during the consultation process
will also be included on this website together with the
Department's replies. As the review proceeds copies of all new byelaws made by the Secretary of State
will be added to the site under the Reviewed Byelaws
MOD Byelaws on the website are defined in the following categories:
Byelaws to be Reviewed
Proposed New Byelaws
Additional content will be added to the site as the review progresses.
Byelaws Derivation of Powers
Search the Byelaws
Byelaws Devolution of Title
Serious Organised Crime & Police Act 2005
Public Consultation Process
Why Review the Byelaws?
BRT Terms of Reference