Home Office Garter Crest

Home Office Circular 25/1996: Arrangements for Confirmation of Local Authority Byelaws


Constitutional & Community Policy Directorate
Queen Anne's Gate London SW1H 9AT

Direct Line 0171-273-3139/3135
Switchboard 0171-273-4000
Facsimile 0171-273-2029

The Chief Executive
The Metropolitan District Council
The District Council
The London Borough Council
The Town Clerk, City of London
The County Council

Our ref BLW/96 1/140/1

3 June 1996

 

Home Office Circular 25/1996: Arrangements for Confirmation of Local Authority Byelaws

This Circular sets out changes in the arrangements for the processing of those byelaws for which the Home Secretary is the confirming authority.

2. The changes follow a review of procedures within the Home Office. The review was prompted by our concern that the existing process was taking too long. The changes are summarised below.

3. From 1 July 1996, Councils should submit all applications for the confirmation of relevant byelaws in accordance with new procedures. Current applications will be dealt with as at present. These changes do not affect the processing of those byelaws for which another Secretary of State is the confirming authority.

 

I.

Deciding how to apply to have byelaws confirmed

4. A byelaw is a local law which is made by a statutory body, such as a local authority, under an enabling power established by an Act of Parliament. If there is general legislation to cover the subject causing concern, byelaws are not generally considered suitable. Since byelaws create criminal offences, they cannot come into effect unless they have been confirmed by a Secretary of State.

5. The chart at Annex 1 sets out the procedure for establishing whether byelaws

II. The Fast Track and Standard Schemes

The Fast Track Scheme

6. The Home Office currently has eight sets of model byelaws. We may add to and amend these in the light of experience, demand and changing circumstances. The models set out an appropriate wording for byelaws on a number of different subjects. See Annex 4 for a description of the eight sets and an alphabetical list of subjects covered.

7. Once a Council has established that the issue to be addressed is dealt with by a model, the Council should obtain a copy of the up-to-date version of the byelaw from the Local Legislation Section at the Home Office (telephone 0171-273 3939 or 3633).

8. Councils should note that, in a number of the sets, some of the individual model byelaws are optional and only those which are needed should be adopted. For example, if making byelaws using model set 2 (Pleasure Grounds, Public Walks and Open Spaces), do not include byelaws to restrict horses if there is no experience of them ever entering the park, nor restrict fishing if there is no water.

9. If the model meets the Council's needs, the Council (following the model wording exactly, without addition, omission or amendment) should proceed to make, seal and advertise the byelaws. It should, when placing the advertisement, send one photocopy of the sealed byelaws to the Local Legislation Section together with a copy of the advertisement and letter indicating that it intends to apply for confirmation once the sealed byelaws have been on deposit for one month.

10. A formal application for confirmation should be submitted once the period of advertisement has ended. The completed proforma from Annex 5 and two copies of the sealed byelaws (or three copies if so instructed in the particular model) should be forwarded. After examining the proforma, comparing the sealed byelaws against the model wording and considering any objections received, we shall reach a decision on confirmation as soon as possible. Our ultimate aim is that, where no objections have been received, confirmation by the Home Secretary will take place within ten working days of our receipt of the formal application. (Some byelaws also require the consent of the Secretary of State for Transport: a further ten working days should be allowed for this.)

11. Councils should note that where there is a substantive error in byelaws that have been sealed and advertised, the byelaws cannot simply be amended either by the Council or by the Home Office: they must be made and sealed again and re-advertised. It is therefore important that the byelaws are checked in detail before sealing. (Very minor typographical errors may, however, be corrected by a Council officer if the corrections carry a clear official mark.)

12. Byelaws which amend existing byelaws can be submitted under the fast track scheme if they follow a model exactly. In other cases, they should be submitted under the standard scheme.

The Standard Scheme

13. Where a Council wishes to vary a model or to make byelaws on an issue not covered by an available model, it should follow similar procedures as at present, subject to the changes set out below.

14. The Council should submit the proposed byelaws in draft for provisional approval. In cases submitted under the standard scheme, the proforma at Annex 5 should be submitted with the draft byelaws. Only when provisional approval has been given should the Council make, seal and advertise the byelaws.

III.

Introduction of a proforma

15. Experience shows that byelaws submitted to the Home Office for confirmation are sometimes defective or overlook important procedural points because, for many Councils, the preparation of a byelaw is an infrequent event. This can create delay and additional work for both the Council and the Home Office. We are therefore introducing a proforma which must be completed in respect of every byelaw application. The proforma is set out in Annex 5 and may be copied locally.

16. The proforma is in three sections. Councils applying under the fast track scheme should complete sections A and B and send the proforma when formally applying for confirmation (following the sealing and advertising of the byelaws). Councils applying under the standard scheme should complete sections A and C and forward the proforma with the first draft of the byelaws.

17. The proforma serves two purposes. The first is to assist Councils by providing them with an aide memoire of the issues that need to be addressed. The second is to help the Home Office by providing confirmation that attention has been given to those issues.

IV.

Reducing the level of Home Office scrutiny

18. The proforma will assist the Home Office in reducing the level of detailed scrutiny which it gives to individual byelaws. This will, in turn, enable us to provide a quicker service.

19. As a general principle, it is for the local authority to decide the necessary and appropriate byelaws for its area. Provided that there is no legal problem and no conflict with general Government policy, we shall not oppose or query a byelaw simply because our judgement of what is necessary or appropriate differs from the Council's. Nor shall we oppose or query aspects of byelaws which relate to purely local concerns, such as the precise areas to which they will apply.

20. We shall assume that the wording of any byelaws has been checked and is deliberate: this assumption will apply to any omissions or inclusions and any statement of areas to which the byelaws will extend. Unless an apparent error has legal implications or affects a point of principle, we shall not take it up with the Council.

21. We shall continue to expect that Councils will consult with any interested parties and address their concerns as far as possible. We shall forward to the Council any objections sent to us, but only formally seek the Council's comments on objections made as a result of the advertisement of the byelaws.

22. We shall also continue to expect that byelaws are certain in their terms and not unreasonable in the legal sense. Only the courts, however, can give a definitive ruling. We shall, therefore, not enter into discussions of these issues in particular cases but raise with Councils only those byelaws which clearly fail to meet the requirements.

23. Points on which the Home Office will concentrate in future are as follows:

i. that the byelaws are intra vires the relevant legislation and that any action required by the legislation, such as consultation with a named public body, has been taken;

ii. that they do not duplicate or conflict with the general law, existing byelaws or any local Act, or common law;

iii. that the nuisance they address merits criminal sanctions and that, to a reasonable person, the penalty available is proportionate;

iv. that they directly address a genuine and specific local problem and do not attempt to deal in general terms with essentially national issues;

v. that they do not conflict with Government policy.

24. Byelaws which exactly follow a model will in most cases meet these criteria. For other byelaws, we will look to Councils to provide answers on these points.

V.

Introduction of timescales

25. As indicated in paragraph 10, we intend fast track applications to be dealt with within ten working days. The processing of other applications may take longer according to their complexity and the pressure of work. We shall deal with them as quickly as possible. In particular, we expect to deal quickly with those byelaws which make only minor changes to a Home Office model. Our aim is to give provisional approval, or where necessary seek further information from the Council, within thirty working days.

26. Following the formal request for the sealed and advertised byelaws to be confirmed, we shall aim to confirm, or if necessary seek comments on objections, within fifteen working days. We shall review these targets in the light of experience. Where there seems likely to be any unusual delay, we shall let Councils know.

27. Under the present system, a number of cases have remained dormant for many months. To improve the service which the Home Office provides, challenging targets for responding to Councils are being introduced as outlined. However, we consider that if the overall system is to operate effectively, we must also ask Councils to respond to requests from the Home Office within a reasonable period.

28. Therefore, unless we receive a response within ten weeks, we shall deem the application to have lapsed. A fresh application, taking its place in any queue, will then be necessary. Councils should notify the Local Legislation Section as soon as possible if they are unable to meet the deadline in any case so that a new deadline, which must be met, may then be agreed.

29. Any queries on this Circular should be addressed to:

The Local Legislation Section,
Animals, Byelaws & Coroners Unit,
Constitutional & Community Policy Directorate,
Home Office,
50 Queen Anne's Gate,
London SW1H 9AT.

Telephone 0171-273 3139 or 3135

 

RICK EVANS
Head of Animals, Byelaws & Coroners Unit.


Annex 1: Procedure for determining whether to apply for Byelaws, and under which scheme


Is the byelaw listed in Annex 2 as one which the Home Secretary will not normally confirm?


- Yes -

A byelaw is probably not appropriate. Telephone 0171-273 3135/3139 for advice


-
No
-

Is the Home Secretary the confirming authority for the legislation under which the byelaw is made? See Annex 3.


- No -

Establish the correct Department.For advice, telephone  0171-273 3135/3139.


-
Yes
-

Is a model byelaw on the appropriate subject listed in Annex 4?


- No -

Telephone 0171-273 3135/3139 for advice.An application under standard scheme may be possible.


-
Yes
-

Send for a copy of the relevant model byelaws, quoting set number.


If the model byelaws cover the issue to be addressed, appear appropriate to local needs and can be used without altering any of the wording in the relevant byelaws, APPLY UNDER THE FAST TRACK SCHEME.

Where a Council wishes to vary a model in any way (even if only by just one or two words), or to make byelaws on an issue not covered by a model, APPLY UNDER THE STANDARD SCHEME.


Annex 2: Byelaws which the Home Secretary will not normally confirm

1. The following subjects are covered by general legislation and are therefore not suitable for byelaws. (The list is not comprehensive, but includes those subjects on which Councils have sought byelaws in the past.)

Advertisements, including notices, posters and bills

The display of advertisements is regulated by Chapter III of Part VIII of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 1992 (S.I. 1992/666). Guidance on the application of the regulations was given to local authorities in D.o.E. Circular 5/92/Welsh Office Circular 14/92.

Birds, birds' nests, bird eggs

These are extensively protected under section 1 of the Wildlife and Countryside Act 1981.

Camping - removal of campers

Local authorities are empowered by section 77 of the Criminal Justice and Public Order Act 1994 to direct unauthorised campers to leave the land, and remove their vehicles and any other property.

Damage

A person who without lawful excuse destroys or damages any property belonging to another commits an offence under section 1 of the Criminal Damage Act 1971.

Dangerous driving in parks and open spaces

Sections 1 and 2 of the Road Traffic Act 1991 have amended sections 2 and 3 of the Road Traffic Act 1988, making it an offence to drive dangerously on a road or other public place, or without due care and attention or without reasonable consideration for other persons using the road or place. It is therefore now possible to prosecute dangerous or careless driving in parks and open spaces under general legislation.

Deposits on the highway

Provisions in the Highways Act 1980 (Part IX) create offences and describe procedures to be followed when there is a deposit of mud, manure, sand, etc. on the highway causing interruption, injury, danger or nuisance to a highway user.

Dumping and flytipping

A person who without lawful authority abandons on any land in the open air a motor vehicle or any other thing brought for the purpose of abandoning it there commits an offence under section 2 of the Refuse Disposal (Amenity) Act 1978. (See also Litter.)

Firearms

A person who without lawful authority or reasonable excuse has with him in a public place a loaded shotgun or loaded air weapon, or any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm commits an offence under section 19 of the Firearms Act 1968.

By virtue of Rules 3 and 4 of the Firearms Rules 1989 (S.I. 1989/854), the holder of a firearm or shotgun certificate must, when the firearm or ammunition or the shotgun is in transit to or from a place in connection with its use, take reasonable precautions for the safe custody of the weapon or ammunition. Failure to do so is an offence under section 1(2) of the Firearms Act 1968 in the case of a firearm and under section 2(2) in the case of a shotgun.

Graffiti

Graffiti is dealt with as damage under the Criminal Damage Act 1971.

Language - violent, threatening or abusive

The use of violent, threatening or abusive language is dealt with under public order legislation.

Litter

A person who leaves litter in any public open place commits an offence under section 87 of the Environmental Protection Act 1990. (See also Dumping and flytipping.)

Public meetings and gatherings

Part II of the Public Order Act 1986 contains provisions relating to public assemblies. Parliament has decided that these measures are sufficient restrictions on the freedom to assemble, and it is not considered appropriate to go beyond them.

Public order

A person who uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, within the hearing or sight of a person likely to be caused harassment, alarm or distress commits an offence under section 5 of the Public Order Act 1986.

Traffic

Before a byelaw is made to control the use of vehicles, consideration should be given to whether a traffic regulation order made under the Road Traffic Regulation Act 1984 would be more appropriate. Section 2(1) enables an order to be made prohibiting, restricting or regulating the use of a road or any part of the width of a road, including any verges forming part of the road. Section 2(2)(c) allows for the prohibition of or restriction on the waiting of vehicles. Section 127 applies the provisions of a traffic regulation order to horses being ridden on footpaths, bridleways and byways open to all traffic, including any road verges or margins that can be so described.

Section 34 of the Road Traffic Act 1988 prohibits driving of on-road vehicles without lawful authority onto land not forming part of a road.

 

2. Subjects which the Home Secretary considers not to merit criminal sanctions and on which he will not therefore normally be prepared to confirm byelaws. (As with 1 above, this list is not comprehensive, but includes those subjects on which byelaws have been sought.)

Filming, video-recording, taking of photographs
Glue sniffing
Loitering
Persistent canvassing and leaflet distributing
Pigeon feeding
Spitting

*The Home Secretary also expects byelaws to address, in general terms, behaviour which causes nuisance or danger to others. They should not be used to protect people from the consequences of their own actions.*

* NOTE JAN 98 - PLEASE SEEK HOME OFFICE ADVICE RE THIS PARAGRAPH ON INDIVIDUAL CASES

 

3. Other Departments' byelaws

Various Departments confirm byelaws on different subjects. Subjects dealt with by the Home Office will usually be clear, but in case of doubt enquiries should be addressed to the Local Legislation Section.

(i) Byelaws relating to the countryside (commons, country parks, National Parks, etc.) are the responsibility of the Department of the Environment (Countryside Division, Room 818, Tolgate House, Houlton Street, Bristol, BS2 9DJ. Tel No. 0117-987 8973) and in Wales of the Welsh Office (Legal Group, Cathays Park, Cardiff, CF1 3NQ. Tel No. 01222 823323);

(ii) Byelaws relating to dogs are likewise the responsibility of the Department of the Environment (LEQ1 Division, Room A213, Romney House, 43 Marsham Street, London SW1P 3PY, telephone 0171 276 8497) and the Welsh Office (Environment Division 4, Room 2.002, Cathays Park, Cardiff CF1 3NQ, telephone 01222 823 665). Byelaws relating to dogs may not be included in series of byelaws for which the Home Secretary is the confirming authority. Where it is proposed to revoke an existing set of byelaws which includes both dog and non-dog byelaws, separate byelaws must be made in respect of the two categories and application made to the D.o.E./Welsh Office in respect of those which relate to dogs.

 

4. Miscellaneous

i.

Byelaws referring to he/she, him/her, his/hers

In legislation, it is assumed that normally the masculine reference includes the feminine.

ii. Byelaws referring to penalties as set monetary amounts

Byelaws must refer to penalties as the appropriate level of fine on the Standard Scale (level 3 for byelaws on amusement premises and pleasure fairs and on seaside pleasure boats; level 2 for other byelaws)

.

 


Annex 3: Powers under which Local Authorities may make Byelaws for which the Home Secretary is the confirming authority

1. Good rule and government and the prevention and suppression of nuisances

s.235, Local Government Act 1972

N.B. Subsection (3) of s.235 is to be particularly noted: Councils should make byelaws under this power only when the issue they wish to address is not already covered by general legislation or a local Act and when it is not possible for them or another authority to make byelaws or take any other action under any other provision.

2. Pleasure fairs/Amusement premises

s.75, Public Health Act 1961 (as amended by s.22, Local Government (Miscellaneous Provisions) Act 1976)

N.B. i. The expression "pleasure fair" includes also amusement premises, roller skating rinks, circuses and other entertainments described in subsection (3) of s.75.

ii.Byelaws made under this power may cover opening hours, safety, fire precautions, public order and avoidance of nuisance, but may not impose age limits or exclude minors.

3. Pleasure grounds, public walks and open spaces

s.164, Public Health Act 1875, ss 12 and 15, Open Spaces Act 1906, s.15, Open Spaces Act 1906

N.B. i. Byelaws made under these powers should relate only to open land which is to be used as a pleasure ground. The 1906 Act is not, however, relevant when more than 5% of the area is covered by buildings. If held by the Council the land must be held under either the 1875 or 1906 Act or under an Act without a byelaw-making power of its own.

ii. Byelaws relating to the countryside (commons, country parks, National Parks, etc.) are made under different powers and are the responsibility of the Department of the Environment (Countryside Division, Room 818 Tollgate House, Houlton Street, Bristol, BS2 9DJ. Telephone 0117-987 8973) and in Wales of the Welsh Office (Legal Group, Cathays Park, Cardiff, CF1 3NQ. Telephone 01222 823323).

iii. Grounds in which the Charity Commissioners have an interest can only be controlled with their agreement. In any case where there is a joint interest in a pleasure ground, the agreement of the other parties should be sought before byelaws are drafted.

iv. Village greens are a special case. Further information is available from the Home Office.

v. For help in deciding under which power a byelaw should be made, reference should be made to the flow chart attached to the model byelaws issued by the Home Office.

4. Seashore and promenades

ss 82 and 83, Public Health Acts Amendment Act 1907

5. Pleasure boats and vessels (numbering and naming, mooring places, the qualifications and conduct of boatmen and others in charge of pleasure boats). *SEE HO CIRCULAR 60/1999

s.185, Local Government, Planning and Land Act 1980

N.B. i. The byelaw-making power is restricted to pleasure boats and vessels let for hire to the public; it excludes those which carry passengers paying separate fares. Existing byelaws made under s.172, Public Health Act 1875, which this provision replaces, now similarly apply only to pleasure boats and vessels let for hire.

ii. There is no power to fix rates of hire. Byelaws under s.172 of the 1875 Act which did so are now void.

iii. Pleasure boats and vessels operating on certain types of water are outside the scope of s.185 byelaws, and existing byelaws under the 1875 Act are no longer in force on those waters. The waters are: a. any water owned or managed by British Waterways; b. any inland waters in respect of which the Environment Agency may make byelaws under the Water Resources Act 1991; c. any canal or other inland navigation which a navigation authority are required or empowered to manage or maintain (except where the local authority is itself the navigation authority); d. any harbour maintained or managed by a harbour authority.

iv. Except as provided in i-iii preceding, byelaws under the 1875 Act remain in force and may be revoked by a byelaw under s.185 of the 1980 Act.

6. Seaside pleasure boats (speed, navigation and use of silencers)

s.76, Public Health Act 1961 (as amended by s.17, Local Government (Miscellaneous Provisions) Act 1976)*SEE HO CIRCULAR 60/1999

N.B. i. This provision is to enable the prevention of danger, obstruction or annoyance to persons bathing in the sea or tidal river area or using the seashore. It cannot be used for other purposes,such as the protection of the environment or the protection of those such as surfers or other boat users who are using the sea for purposes other than bathing.

ii. This provision cannot be used to prohibit pleasure boats entering particular areas of the sea. It therefore cannot be used to enforce zoning of different activities.

iii. The term "pleasure boat" is not defined in this provision. In the absence of a court decision to the contrary, it has been taken to include jet skis.

7. Public bathing (permitted areas and hours, siting and use of and charges for bathing huts, etc., wearing of bathing costumes, provision and maintenance of life-saving appliances, etc., prevention of danger from pleasure vessels)

s.231, Public Health Act 1936 (as amended by s.17, Local Government (Miscellaneous Provisions) Act 1976)

N.B. This provision cannot be used to prohibit or regulate the use of jet skis.


Annex 4: Index

There are eight sets of model byelaws, as follows:

1 MODEL BYELAWS SET NUMBER ONE

Alcohol consumption in public:

This set contains byelaws to regulate the drinking of alcohol in designated public places.

2 MODEL BYELAWS SET NUMBER TWO

Pleasure Grounds, Public Walks and Open Spaces:

This set includes byelaws on aircraft, archery, bathing, boats and model boats, camping, children's play, climbing, cricket, field sports, fires, fishing, games, gate closure, golf, grazing, hang gliding, horses, hot-air balloons, kites, life-saving equipment, metal detectors, missiles, model aircraft (power-driven), noise, obstruction, opening times, overnight parking, protection of flower beds, etc, public performances, removal of offenders, skateboarding and roller skating, structures - erection and removal, trading, vehicles, water pollution and interference with waterways, and wildlife protection.

3 MODEL BYELAWS SET NUMBER THREE

Amusement Premises:

This set includes byelaws on opening hours, on the safety and condition of the premises and on conduct at the premises.

4 MODEL BYELAWS SET NUMBER FOUR

Pleasure Fairs:

This set includes byelaws on opening hours, on the safety and condition of fairs and on conduct at fairs.

5 MODEL BYELAWS SET NUMBER FIVE * SEE HO CIRCULAR 60/1999

Pleasure Boats and Vessels:

This set includes byelaws on boatmen's conduct and qualifications, mooring of vessels, and their naming and numbering.

6 MODEL BYELAWS SET NUMBER SIX

Seashore:

This set includes byelaws on aircraft, bait digging, beach barbecues, begging and touting, booths and tents, fires, fishing, games, horses, life-saving equipment - interference with, public performances, selling and hawking, and structures, etc - removal.

7 MODEL BYELAWS SET NUMBER SEVEN * SEE HO CIRCULAR 60/1999

Seaside Pleasure Boats:

This set includes byelaws as to the area, manner of navigation and speed of operation of seaside pleasure boats.

8 MODEL BYELAWS SET NUMBER EIGHT

Good Rule and Government:

This set includes byelaws on fireworks in places of entertainment, games near streets, horse-riding on road margins, interference with life-saving appliances, interference with road warning lamps, motor cycles, noise, protection of road margins, shooting galleries, skateboarding and roller skating, tobogganing, touting, and urinating in public.

Individual byelaws can be made only under the power governing the set to which they belong and cannot be transferred between sets.

 

There follows an alphabetical list of all subjects covered.

ALPHABETICAL INDEX

Subject Model Byelaw Set
AIRCRAFT ON THE SEASHORE 6 (Byelaw 15)
AIRCRAFT IN PLEASURE GROUNDS, ETC. 2 (Byelaw 35)
ALCOHOL, CONSUMPTION OF 1
AMUSEMENT PREMISES (OPENING HOURS, SAFETY AND CONDITION OF, CONDUCT AT, ETC.) 3
ANGLING 2 (Byelaw 44)
ARCHERY 2 (Byelaw 22)
BAIT DIGGING 6 (Byelaws 18-20)
BALL GAMES 2 (Byelaw 13)
BALLOONS, HOT-AIR see AIRCRAFT IN PLEASURE GROUNDS, ETC.
BATHING 2 (Byelaw 32)
BEACH BARBECUES 6 (Byelaws 10-14)
BEGGING AND TOUTING ON SEASHORE 6 (Byelaw 7)
BOATMEN'S QUALIFICATIONS, ETC. 5 (Byelaws 6-8)
BOATS see PLEASURE BOATS AND VESSELS and SEASIDE PLEASURE BOATS
BOATS IN PLEASURE GROUNDS 2 (Byelaw 33)
BONFIRES see FIRES IN PLEASURE GROUNDS
BOOTHS AND TENTS ON THE SEASHORE 6 (Byelaw 2)
CAMPING 2 (Byelaw 10)
CHILDREN'S PLAY APPARATUS 2 (Byelaw 12)
CHILDREN'S PLAY AREAS 2 (Byelaw 11)
CLIMBING IN PLEASURE GROUNDS 2 (Byelaw 7)
CRICKET 2 (Byelaw 29)
ENTERTAINMENT PREMISES see AMUSEMENT PREMISES
FAIRS see PLEASURE FAIRS
FARM ANIMALS see GRAZING
FIELD SPORTS 2 (Byelaw 23)
FIRES IN PLEASURE GROUNDS 2 (Byelaw 43)
FIRES ON SEASHORE 6 (Byelaw 9)
FISHING 2 (Byelaw 44), 6 (Byelaw 16)
FIREWORKS IN PLACES OF ENTERTAINMENT 8 (Byelaw 17)
FLOWER BEDS, ETC - PROTECTION OF 2 (Byelaws 16-17)
FUNFAIRS see PLEASURE FAIRS
GAMES NEAR STREETS 8 (Byelaw 15)
GAMES IN PLEASURE GROUNDS 2 (Byelaws 19-21)
see also ARCHERY, CRICKET, GOLF, FIELD SPORTS
GAMES ON SEASHORE 6 (Byelaws 4-5)
GATES IN PLEASURE GROUNDS (CLOSURE) 2 (Byelaw 48)
GOLF, PLAYING OF IN PLEASURE GROUNDS 2 (Byelaw 24-28)
GOOD RULE AND GOVERNMENT - MISCELLANEOUS 8
GRAZING 2 (Byelaw 15)
HANG GLIDING see AIRCRAFT IN PLEASURE GROUNDS, ETC.
HORSES, RIDING OR DRIVING OF ON SEASHORE 6 (Byelaw 8)
HORSES IN PLEASURE GROUNDS 2 (Byelaws 5-6)
HORSES, RIDING OF ON ROAD MARGINS 8 (Byelaws 4-6)
HOT-AIR BALLOONS 2 (Byelaw 35)
INTOXICATING LIQUOR see ALCOHOL, CONSUMPTION
JET SKIS see SEASIDE PLEASURE BOATS
KITES 2 (Byelaw 41)
LIFE-SAVING APPLIANCES, INTERFERENCE WITH 2 (Byelaw 34), 6 (Byelaw 21), 8 (Byelaw 19)
METAL DETECTORS 2 (Byelaw 42)
MISSILES, THROWING OF IN PLEASURE GROUNDS 2 (Byelaw 31)
MODEL BOATS 2 (Byelaw 33)
MODEL AIRCRAFT (POWER-DRIVEN) 2 (Byelaws 36-40)
MOORING OF PLEASURE BOATS 5 (Byelaws 4-5)
MOTOR CYCLES, USE OF 8 (Byelaws 1-3)
NOISE IN STREETS AND PUBLIC PLACES 8 (Byelaws 12-13)
NOISE IN PLEASURE GROUNDS, ETC. 2 (Byelaw 45)
OBSTRUCTION OF COUNCIL OFFICERS AND OTHERS 2 (Byelaw 49), 6 (Byelaw 23)
OPENING TIMES OF PLEASURE GROUNDS, ETC 2 (Byelaw 2)
OPEN SPACES see PLEASURE GROUNDS, ETC.
OVERNIGHT PARKING IN PLEASURE GROUNDS 2 (Byelaw 4)
PARKS see PLEASURE GROUNDS, ETC.
PERFORMANCES IN PLEASURE GROUNDS 2 (Byelaw 46)
PERFORMANCES ON SEASHORE 6 (Byelaw 3)
PLEASURE FAIRS (HOURS OF, SAFETY AND CONDITIONS AT, CONDUCT AT, ETC.) 4
PLEASURE BOATS AND VESSELS 5; see also SEASIDE PLEASURE BOATS
PLEASURE GROUNDS, ETC., INCLUDING CONDUCT IN 2
PUBLIC SPEAKING see PERFORMANCES ON SEASHORE
PUBLIC WALKS see PLEASURE GROUNDS, ETC.
RECREATION GROUNDS see PLEASURE GROUNDS, ETC.
REMOVAL OF OFFENDERS FROM PLEASURE GROUNDS 2 (Byelaw 51)
RIDING ON ROAD MARGINS 8 (Byelaws 4-6)
RIDING ON THE SEASHORE 6 (Byelaw 8)
ROAD WARNING LAMPS, INTERFERENCE WITH 8 (Byelaw 18)
ROAD MARGINS, PROTECTION OF 8 (Byelaws 4-7)
ROLLER SKATING 8 (Byelaws 8-11)
SANDLINES 6 (Byelaw 17)
SEASHORE, CONDUCT ON 6
SEASIDE PLEASURE BOATS, INCLUDING AREA AND SPEED OF OPERATION 7; see also PLEASURE BOATS AND VESSELS
SELLING AND HAWKING ON SEASHORE 6 (Byelaw 6)
SHOOTING GALLERIES 8 (Byelaw 14) see also PLEASURE FAIRS
SKATING IN PLEASURE GROUNDS 2 (Byelaw 30)
SKATEBOARDING 8 (Byelaws 8-11); see also Skating in Pleasure Grounds
STRUCTURES IN PLEASURE GROUNDS 2 (Byelaws 8-9)
STRUCTURES ON THE SEASHORE 6 (Byelaw 22)
TOBOGGANING 8 (Byelaw 20)
TOUTING 8 (Byelaw 16) see also BEGGING AND TOUTING ON SEASHORE
TRADING IN PLEASURE GROUNDS 2 (Byelaw 14); see also SELLING AND HAWKING ON SEASHORE
URINATING IN STREET 8 (Byelaw 21)
VEHICLES IN PLEASURE GROUNDS,ETC. 2 (Byelaws 3-4)
WATER POLLUTION, OBSTRUCTION OR DIVERSION IN PLEASURE GROUNDS 2 (Byelaw 32)
WILDLIFE PROTECTION 2 (Byelaw 44)

HOME OFFICE ANNEX 5

APPLICATION FOR THE CONFIRMATION OF BYELAWS

This proforma is to accompany:

(i) Byelaws submitted for confirmation under the Fast Track Scheme. Please complete parts A and B and submit with two copies of the sealed byelaws (three copies if directed in the model) after the byelaws have completed one month on deposit.

(ii) Draft byelaws submitted for provisional approval under the Standard Scheme. Please complete parts A and C and submit with the first draft of the byelaws when applying for provisional approval.


PART A

Name of Applicant Authority _________________________________________________

Year of application _________________

Number of application (1 for first of year, 2 for second) ______________________

 

LEGISLATION UNDER WHICH BYELAWS ARE MADE

Please tick on the appropriate line.

Good rule and government and the prevention and suppression of nuisances

s. 235, Local Government Act 1972 _____

Pleasure fairs/amusement premises

s.75, Public Health Act 1961 (as amended) _____

Pleasure grounds, public walks and open spaces

(See flow charts 1 and 2 to identify the correct byelaw-making power for each ground the Council wish to regulate)

s.164, Public Health Act 1875 _____

ss. 12 and 15, Open Spaces Act 1906 _____

s. 15, Open Spaces Act 1906 _____

Seashore and promenades

ss 82 and 83, Public Health Acts Amendments Act 1907 _____

Pleasure boats and vessels (numbering and naming, mooring places, the qualifications and conduct of boatmen and others in charge of pleasure boats)

s 185, Local Government, Planning and Land Act 1980 _____

Seaside pleasure boats (speed, navigation and use of silencers)

s 76, Public Health Act 1961 (as amended) _____

Other (applications under standard scheme only)

Please specify:

 

PART B

APPLICATION FOR CONFIRMATION OF BYELAWS BASED ON HOME OFFICE MODELS (FAST TRACK SCHEME)

Please note: applications for confirmation under the fast track scheme must follow exactly the wording of the Home Office model. If any variations or additions to the model are included, the application will be returned for resubmission under the standard scheme.

Please confirm the following, deleting as appropriate

1. The copies of the sealed byelaws sent to the Home Office with this proforma
follow exactly the wording of the Home Office model, Yes/No
have been the subject of any consultation required by statute or recommended in the model, Yes/No
have been advertised in the prescribed form for one month after being sealed. Yes/No
2. The Authority:
has followed any guidance issued with the model, Yes/No
believes that the byelaws are necessary in the local context, Yes/No
believes that this application is reasonable and that other means of addressing the situation at which the byelaws are directed are inappropriate or insufficient. Yes/No
3. The Authority is content that: (delete as appropriate)
(a) the proposed byelaws do not duplicate or conflict with existing byelaws, or
(b) the Authority has included a byelaw revoking existing byelaws. 1
4. The Authority is content that the proposed byelaws do not duplicate or conflict with any existing local Act

Yes/No

1 i) Byelaws made under section 8 (1) (d) of the Local Government Act 1894 cannot be revoked by byelaws made under any other enactment. They must be revoked by an Order under section 262 (8) (d) of the Local Government Act 1972.  Please consult the Home Office if you think that this applies.  ii) Byelaws relating to dogs are now the responsibility of the Department of the Environment/Welsh Office to which separate application should be made for the revocation of existing dog byelaws, including when such byelaws are part of a set which is otherwise the responsibility of the Home Office.

5. The byelaws will come into effect one month after confirmation unless there are special circumstances which make it desirable for the byelaws to operate at an earlier date. If an alternative date is preferred, please state here ______________________ and explain why this date would be preferable.

 

______________________________________

The proforma should be signed by the Chief Executive, Secretary or other proper officer of the authority, as designated by the authority.

I submit the byelaws for confirmation in accordance with the fast track scheme set out in paragraphs 6 - 12 of Home Office Circular 25/1996.

Signature _________________________________

Name _________________________________

Position _________________________________

Date __________________________________

 

PART C

APPLICATION FOR PROVISIONAL APPROVAL OF BYELAWS WHICH VARY, OR ARE NOT COVERED BY, A HOME OFFICE MODEL (STANDARD SCHEME)

Applications made under the standard scheme should be submitted in draft form for Home Office consideration before sealing and advertising.

Please insert answers in the spaces provided, continuing on a separate sheet if necessary.

1. Byelaws should not attempt to address in general terms issues which are essentially national rather than local. Please explain what the specific local problem is which the proposed byelaws are intended to directly address.

 

 

2. Please explain the nature, location, extent and incidence of the problem and the reasons why the Authority considers byelaws are necessary to combat the nuisance being addressed.

 

 

3. What measures have been taken to address the nuisance?

 

 

4. Why is the Council satisfied that the nuisance is so great as to merit a criminal offence?

 

 

5. Please confirm that the aim of the byelaws is not solely to protect people from the consequences of their own actions.

NOTE JAN 98 - PLEASE SEEK HOME OFFICE ADVICE IF THIS ISSUE IS RELEVANT TO THE BYELAWS BEING CONSIDERED

 

 

6. If appropriate, please describe what consultation required by the legislation has been carried out.

 

 

7. Please describe what informal consultation has taken place, both with individuals and groups likely to be affected by the byelaw.

 

 

8. Is the authority content that the byelaws are reasonable in how they will be applied in the particular local context (ie. that they are not partial or unequal in their application, that they are not manifestly unjust, and that they do not involve oppressive or gratuitous interference with the rights of those whom they affect) ? Please justify this view.

 

 

Please confirm the following, deleting as appropriate

9. The Authority:

believes that the byelaws are necessary in the local context Yes/No
believes that this application is reasonable and that other means of addressing the situation at which the proposed byelaws are directed are inappropriate or insufficient. Yes/No
is content that the proposed byelaws do not duplicate or conflict with national legislation or common law. Yes/No
is satisfied that the proposed byelaws do not conflict with any central government policy of which they are aware Yes/No
is content that the byelaws are certain in their terms (i.e. that they contain adequate information about the duties of those whom they might affect, are positive and avoid ambiguity) Yes/No

10. The Authority is content that: (delete as appropriate)

(a) the proposed byelaws do not duplicate or conflict with existing byelaws, or

(b) the Authority has included a byelaw revoking existing byelaws. 2

2 i) Byelaws made under section 8 (1) (d) of the Local Government Act 1894 cannot be revoked by byelaws made under any other enactment. They must be revoked by an Order under section 262 (8) (d) of the Local Government Act 1972.  Please consult the Home Office if you think that this applies.  ii) Byelaws relating to dogs are now the responsibility of the Department of the Environment/Welsh Office to which separate application should be made for the revocation of existing dog byelaws, including when such byelaws are part of a set which is otherwise the responsibility of the Home Office.

11. List any objections of which the authority is aware at this stage (i.e. before sealing and advertisement of the byelaws) and the authority's response to those objections. Copies of any letters of objection or other relevant documentation should be attached.

 

 

12. The byelaws will come into effect one month after confirmation unless there are special circumstances which make it desirable for the byelaws to operate at an earlier date. If an alternative date is preferred, please state here ______________________ and explain why this date would be preferable.

 

 

______________________________________

The proforma should be signed by the Chief Executive, Secretary or other proper officer of the authority, as designated by the authority.

The attached draft byelaws do not follow exactly a Home Office model. I submit the draft byelaws for provisional approval prior to sealing and advertisement in accordance with the the standard scheme set out in paragraphs 13 - 14 of Home Office Circular 25/1996.

Signature _________________________________

Name _________________________________

Position _________________________________

Date __________________________________

 


Local Legislation Section

Animals, Byelaws and Coroners Unit

1996 Circulars

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Page created 24th February 2000