In the United Kingdom, byelaws are laws of local or limited application made by local councils or other bodies, using powers granted by an Act of Parliament, and so are a form of delegated legislation. Some byelaws are made by private companies or charities that exercise public or semi-public functions, such as airport operators, water companies or the National Trust.
Contents
- Making of byelaws
- Enforcement of byelaws
- Proposed changes to the making and enforcing of byelaws
- Local council byelaws
- Countryside byelaws
- Transport byelaws
- Military lands byelaws
- References
At present, because byelaws create criminal offences that can be prosecuted in magistrates' courts, they must be approved by central government before they can come into force. However, there are plans to make offences against byelaws punishable through the use of fixed penalty notices, and to remove the need for local council byelaws to be centrally approved.
Local council byelaws are generally restricted in scope to a particular place, for example a park, or a particular class of activities, such as amusement arcades or the employment of children. Byelaws made by public transport companies are limited to the transport facilities operated by the organisation making the byelaw.
Making of byelaws
At present, byelaws are made by the local council or other body, but do not come into force until they have been approved (confirmed) by the relevant government department. After the byelaws have been made, but before they can be confirmed, an advertisement has to be placed in a local newspaper announcing that the byelaws have been made, stating where a copy can be inspected and inviting any objections to be made to the Government department. One month after the byelaws were made, the council (or other organisation) then applies to the Government department for the byelaws to be approved. The government department, at the same time as confirming the byelaws, also sets the date that they will come into force.
Because they only apply to limited areas or facilities, byelaws are generally not made by Statutory Instrument.
Enforcement of byelaws
Breaches of byelaws are prosecuted in a magistrates' court. The punishment is a fine, the maximum being generally between £500 and £2,500.
Proposed changes to the making and enforcing of byelaws
In 2006, the then Office of the Deputy Prime Minister consulted on changes to how some byelaws are made and approved (confirmed) by central government, and how they are enforced. As a result, the Local Government and Public Involvement in Health Act 2007 included provision for the government to implement alternative arrangements for making byelaws, and for their enforcement through the issue of fixed penalty notices.
A further consultation took place in 2008 concerning the specific byelaws to be affected by the changes, and the new procedures for making byelaws and issuing Penalty Notices.
The 2008 consultation document stated that some byelaws would continue to need to be confirmed by the government. These include those byelaws made by private companies (so as to ensure that there is democratic accountability), and those likely to be controversial, for example concerning fisheries.
The power to issue fixed penalties would be granted to police community support officers and also to suitably trained officers appointed by local councils, including parish councils and community councils.
Local council byelaws
Local councils have powers to make byelaws under various Acts of Parliament. The power to make byelaws "for the good rule and government" of their area, granted by the Local Government Act 1972, appears to be very sweeping, however this power is greatly limited by the restriction that it cannot be used in connection with anything already covered under other legislation.
Other Acts grant powers to make byelaws relating to various aspects of public recreation, the management of markets, controlling the employment of children, ensuring hygiene in certain types of business and behaviour in public libraries.
Following the election of the Conservative–Liberal Democrat Coalition Government in 2010, it has been suggested that councils may be permitted to use byelaws to improve public health, by imposing local minimum prices for alcohol, limiting promotions associated with fast food or making films depicting smoking automatically 18 certificated. In Wales, local council byelaws do not need to be confirmed by central government since the Local Government Byelaws (Wales) Act 2012.
Countryside byelaws
Byelaws concerning the behaviour of the public in the countryside are limited to defined areas, and might be made by a local council, a national park authority, or other bodies established by statute specifically to look after a particular area.
Transport byelaws
A variety of Acts grant powers to make byelaws regulating conduct on public transport. The power to make byelaws is usually granted to the public transport operator, which is sometimes a private company.
Military lands byelaws
The Secretary of State for Defence has powers under section 14 of the Military Lands Act 1892 to make byelaws regulating access to Ministry of Defence lands, including their use by the public for recreation. The Ministry of Defence is currently reviewing all of its byelaws. Unlike most other byelaws, military lands byelaws are made by Statutory Instrument.