Byelaws

July 23rd, 2015

The draft Byelaws (Alternative Procedure) (England) Regulations 2015, subject to affirmative Resolution by each House of Parliament, and superseding an earlier (March 2015) draft, prescribe classes of byelaws to which Section 236 of the Local Government Act 1972 (“the Act”) does not apply and make provision about the procedure (“the alternative procedure”) for the making, coming into force and revocation of such byelaws. In particular the alternative procedure removes the requirement that byelaws must be confirmed by the Secretary of State (“the SoS”).

Regulation 3 prescribes the classes of byelaws to which Section 236 of the Act does not apply. Each class of byelaws is numbered and described in an entry in column 1 of the Table in Schedule 1 to the Regulations, made under the enactment and section in the corresponding entries in columns 2 and 3 respectively and by an authority of a description specified in the corresponding entry in column 4.

Regulation 4 provides that the alternative procedure specified in Regulations 5 to 12 applies only to the classes of byelaws prescribed by Regulation 3 made on or after the date the Regulations come into force. Regulation 4 also excludes certain requirements specified in the alternative procedure where the byelaw being made has no other purpose than to revoke another byelaw.

Regulations 5 to 12 specify the alternative procedure for the making and coming into force of byelaws.

Regulations 13-17 specify the alternative procedure for the revocation of byelaws of a class prescribed by Regulation 3.

Regulation 18 makes provision for amendments to enactments consequential on the making of these Regulations. The amendments are set out in Schedule 2. Regulation 19 provides for Section 236 of the Act to continue to apply in relation to byelaws of a class prescribed by Regulation 3 made before the coming into force of these Regulations. The effect is that such byelaws do not come into force unless confirmed by the SoS.

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