Local Government Byelaws (Wales) Act 2012

Legislation Crest

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Local Government Byelaws (Wales) Act 2012

2012 anaw 2

An Act of the National Assembly for Wales to make provision for the powers of county councils, county borough councils, community councils and other public bodies to make byelaws; the procedure for making byelaws; the enforcement of byelaws; and for connected purposes.

[29 November 2012]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

IntroductionE+W

1OverviewE+W

This Act –

(a)reforms procedures for making byelaws in Wales, including removing arequirement for confirmation of byelaws by the Welsh Ministers;

(b)enables certain byelaws to be enforced by fixed penalty notices;

(c)requires authorities that make byelaws to have regard to any guidance given by the Welsh Ministers on procedure;

(d)restates for Wales a general power to make byelaws.

Power to make byelawsE+W

2Byelaws for good rule and government and suppression of nuisancesE+W

(1)A council for a county or county borough in Wales may make byelaws –

(a)for the good rule and government of the whole or any part of its area;

(b)for the prevention and suppression of nuisances in its area.

(2)But byelaws may not make provision which –

(a)is made by an Act of Parliament, Assembly Measure or Act of the Assembly;

(b)is made, or could be made, by subordinate legislation (which means legislation made by statutory instrument).

InterpretationE+W

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Revocation of byelawsE+W

4Revocation by a legislating authorityE+W

(1)A legislating authority may make a byelaw to revoke a byelaw previously made by it.

(2)But this power may be exercised only where the authority has no other power to revoke the byelaw.

5Revocation by the Welsh MinistersE+W

(1)The Welsh Ministers may by order revoke any byelaw made by a legislating authority which they conclude is obsolete.

(2)Before making an order, the Welsh Ministers must consult any person (including a community council) who they think is likely to be interested in, or affected by, the revocation of the byelaw.

(3)An order may make different provision for different areas, including different provision for different localities and for different authorities.

Procedure for byelawsE+W

6Byelaws not requiring confirmationE+W

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9Power to amend Part 1 of Schedule 1E+W

Enforcement of byelawsE+W

10Offences against byelawsE+W

(1)Byelaws made by a legislating authority under any enactment may provide that persons contravening the byelaws are liable on summary conviction to a fine.

(2)The fine must not exceed either –

(a)the sum fixed by the enactment which confers the power to make the byelaws, or

(b)if no sum is so fixed, level 2 on the standard scale.

(3)In the case of a continuing offence, the byelaws may provide that the offender is liable on summary conviction to a further fine.

(4)The further fine must not exceed either –

(a)the sum fixed by the enactment which confers the power to make the byelaws, or

(b)if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction for that offence.

11Section 2 byelaws; powers of seizure etcE+W

A byelaw made under section 2 may include provision for or in connection with –

(a)the seizure and retention of any property in connection with any contravention of the byelaw, and

(b)the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.

Fixed penalty noticesE+W

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14Power to require name and address in connection with fixed penaltyE+W

15Use of fixed penalty receiptsE+W

16Power to amend Part 2 of Schedule 1E+W

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Miscellaneous and generalE+W

18GuidanceE+W

(1)The Welsh Ministers may give guidance to legislating authorities about –

(a)the making of byelaws to which section 6 or 7 applies;

(b)the procedure for making byelaws;

(c)the enforcement of byelaws;

(d)anything related to these matters including –

(i)consultation and publication requirements;

(ii)the use of fixed penalties.

(2)A legislating authority must have regard to the guidance when making or enforcing byelaws.

Commencement Information

I1S. 18 partly in force; s. 18 not in force at Royal Assent; s. 18(1) in force at 30.11.2012, see s. 22(1)(a)

19Evidence of byelawsE+W

(1)The production of a certified copy of a byelaw purporting to be made by a legislating authority is, until the contrary is proved, sufficient evidence of the facts stated in the certificate.

(2)For the purposes of this section, a certified copy of a byelaw is a printed copy of the byelaw that is endorsed with a certificate purporting to be signed by the proper officer of a legislating authority stating –

(a)that the byelaw was made by the authority;

(b)that the copy is a true copy of the byelaw;

(c)that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may be, was sent to the confirming authority and has not been disallowed;

(d)the date, if any, fixed by the confirming authority for the coming into effect of the byelaw.

(3)The requirements in paragraphs (c) and (d) of subsection (2) do not apply if the byelaw was not subject to confirmation after it was made.

20Consequential amendmentsE+W

Schedule 2 (minor and consequential amendments) has effect.

21Orders and regulationsE+W

(1)A power to make an order or regulations under this Act (apart from an order under section 22 (commencement)) includes power to make such incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider appropriate.

(2)In the case of the power under sections 9 and 16, this provision includes provision amending, repealing or revoking enactments.

(3)Any power of the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

(4)A statutory instrument containing an order under section 9, 13(5) or 16 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(5)Any other statutory instrument containing an order or regulations under this Act, apart from an instrument containing only an order under section 22 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

22CommencementE+W

(1)The following provisions come into force on the day after the day on which this Act receives Royal Assent –

(a)section 18(1);

(b)section 21;

(c)this section;

(d)section 23.

(2)The other provisions of this Act come into force on such day as the Welsh Ministers may by order appoint.

(3)An order under subsection (2) –

(a)may appoint different days for different purposes;

(b)may include transitional, saving or transitory provision.

23Short titleE+W

The short title of this Act is the Local Government Byelaws (Wales) Act 2012.

(introduced by sections 6 and 12)

SCHEDULE 1E+WLISTS OF BYELAW MAKING POWERS

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(introduced by section 20)

SCHEDULE 2E+WMINOR AND CONSEQUENTIAL AMENDMENTS

Public Health Act 1875E+W

1E+WIn section 184 of the Public health Act 1875 (confirmation of byelaws) after “local authority” insert “ in England ”.

Commons Act 1899E+W

2(1)Section 10 of the Commons Act 1899 (byelaws) (as amended by section 50(7) of the Commons Act 2006 when brought into force) is amended as follows.E+W

(2)In subsection (2), after “apply” omit “all byelaws under this section” and insert “ byelaws under this section made by a council in England ”.

(3)After subsection (2) insert –

(3)Sections 7, 8, 10 and 19 of the Local Government Byelaws (Wales) Act 2012 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding level 2 on the standard scale, and provide proof of byelaws in legal proceedings) apply to byelaws under this section made by a council in Wales..

Open Spaces Act 1906E+W

3E+WIn section 15(2) of the Open Spaces Act 1906 (byelaws) after “any local authority” insert “ in England ”.

Public Health Acts Amendment Act 1907E+W

4(1)The Public Health Acts Amendment Act 1907 is amended as follows.E+W

(2)In section 9 (byelaws) after “byelaws made” insert “ by a local authority in England ”.

(3)In section 82 (byelaws as to sea-shore), after the words “Provided that” insert “ , in the case of byelaws made by a local authority in England, ”.

National Parks and Access to the Countryside Act 1949E+W

5(1)The National Parks and Access to the Countryside Act 1949 is amended as follows.E+W

(2)In section 106 (supplementary provisions as to byelaws) after subsection (4) insert –

(5)This section does not apply to byelaws made under this Act by the Countryside Council for Wales..

(3)After section 106 insert –

106ASupplementary provisions as to byelaws made by the Countryside Council for Wales

Public Health Act 1961E+W

6(1)The Public Health Act 1961 is amended as follows.E+W

(2)In section 75 (byelaws as to pleasure fairs and roller skating rinks) –

(a)in subsection (8) after the words “as respects byelaws” insert “ made by a local authority in England ”.

(b)after subsection (8) insert –

(9)A local authority in Wales which proposes to make a byelaw under this section must consult the appropriate representative bodies on the matters dealt with by the proposed byelaw.

(10)For the purposes of subsection (9), “the appropriate representative bodies” are those bodies which appear to the authority to be representative of the interests of those who carry on pleasure fairs and entertainments to which this section applies.

(11)A local authority in Wales making a byelaw in pursuance of subsection (1)(d) of this section must consult the relevant fire and rescue authority on the matters dealt with by the proposed byelaw.

(12)For the purposes of subsection (11) “the relevant fire and rescue authority” is the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area to which the byelaw applies..

(3)In section 76(2) (byelaws as to seaside pleasure boats) after the words “byelaws made” insert “ by a local authority in England ”.

(4)In section 77(3) (byelaws as to hairdressers and barbers) after “byelaws” insert “ made by a local authority in England ”.

Public Libraries and Museums Act 1964E+W

7(1)Section 19 of the Public Libraries and Museums Act 1964 (byelaws in relation to libraries and museums) is amended as follows.E+W

(2)In subsection (1) after the words “so made” insert “ by a local authority in England ”.

(3)In subsection (2) after the words in brackets insert “ and section 10 of the Local Government Byelaws (Wales) Act 2012 ”.

(4)In subsection (3) after the words in brackets insert “ and section 8(5) of the Local Government Byelaws (Wales) Act 2012 (as applicable) ”.

Countryside Act 1968E+W

8(1)The Countryside Act 1968 is amended as follows.E+W

(2)In section 8 (country parks: sailing, boating, bathing and fishing) –

(a)in subsection (5), omit “Section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this subsection were byelaws under that Act.”,

(b)after subsection (5), insert –

(5A)In the case of byelaws made by a local authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under subsection (5) were byelaws under that Act.

(5B)In the case of byelaws made by a local authority in Wales –

(a)sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and

(b)the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers..

(3)In section 12 (facilities in or near National Parks) –

(a)in subsection (5), omit “Section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this subsection were byelaws under that Act.”,

(b)after subsection (5), insert –

(5A)In the case of byelaws made by a local planning authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under subsection (5) were byelaws under that Act.

(5B)In the case of byelaws made by a local planning authority in Wales –

(a)sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and

(b)the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers..

(4)In section 13 (lakes in National Parks: control of boats etc) –

(a)in subsection (8), at the beginning, insert “ In the case of byelaws made by a local planning authority in England, ”,

(b)after subsection (8), insert –

(8A)In the case of byelaws made by a local planning authority in Wales –

(a)sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and

(b)the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers..

(5)In section 41 (powers to make byelaws and related provisions about wardens) –

(a)in subsection (7), at the beginning, insert “ In the case of byelaws made by a local planning authority in England, or by Natural England, ”,

(b)after subsection (7), insert –

(7A)In the case of byelaws made by a local planning authority in Wales, or by the Council –

(a)sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and

(b)the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers..

Local Government Act 1972E+W

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Local Government (Miscellaneous Provisions) Act 1976E+W

10(1)Section 65 of the Local government (Miscellaneous Provisions) Act 1976 (fixing fares for hackney carriages) is amended as follows.E+W

(2)In subsection (7) –

(a)after “this section” insert “ by a district council in England ”;

(b)after “district council” insert “ in England ”.

(3)After subsection (7) insert –

(7A)Section 8(5) and section 19 of the Local Government Byelaws (Wales) Act 2012 shall extend and apply to a table of fares made or varied under this section by a council for a county or county borough in Wales as they apply to byelaws made by a council for a county or county borough in Wales..

Wildlife and Countryside Act 1981E+W

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Food Act 1984E+W

12E+WIn section 121(1) of the Food Act 1984 (byelaws) after “Act” insert “ by a local authority in England ”.

Road Traffic Regulation Act 1984E+W

13(1)The Road Traffic Regulation Act 1984 is amended as follows.E+W

(2)In section 31(2) (byelaws with respect to roads used as playgrounds) after “this section” insert “ made by a local traffic authority in England ”.

(3)In section 57(7) (byelaws with respect to the use of parking places) after “Secretary of State” insert “ , in the case of byelaws made by a parish council ”.

Land Drainage Act 1991E+W

14(1)Section 66 of the Land Drainage Act 1991 (powers to make byelaws) is amended as follows.E+W

(2)In subsection (5) omit paragraph (c).

(3)After subsection (5) insert –

(5A)In the case of byelaws made by a local authority in relation to any area of Wales, byelaws under this section shall not be valid until they are confirmed by the Welsh Ministers.

(5B)Sections 7 and 8 of the Local Government Byelaws (Wales) Act 2012 shall have effect in relation to byelaws under this section made by a local authority in Wales..

Cardiff Bay Barrage Act 1993E+W

15E+WIn section 16 of the Cardiff Barrage Act 1993 (byelaws) omit subsections (8), (9) and (10).

Environment Act 1995E+W

16(1)Paragraph 17 of Schedule 7 to the Environment Act 1995 (documents, notices, records, byelaws etc) is amended as follows.E+W

(2)In sub-paragraph 2(e) after “Act,” insert “ in the case of National Park authorities in England, ”.

(3)In sub-paragraph (5) after “National Park authority” insert “ in England ”.

National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672)E+W

17(1)Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (enactments conferring functions transferred by article 2) is amended as follows.E+W

(2)Under the heading “Local Government Act 1972” –

(a)omit the words “It is directed that the functions of the Secretary of State under section 236(11) and paragraph 25 of Schedule 14 shall be exercisable by the Assembly concurrently with the Secretary of State”;

(b)omit the words “Section 238 shall have effect as if after “the Secretary of State” there were inserted “ or, as the case may be, the National Assembly for Wales ””.

Countryside and Rights of Way Act 2000E+W

18(1)Section 17 of the Countryside and Rights of Way Act 2000 (byelaws) is amended as follows.E+W

(2)In subsection (5) after “this section” insert “ made by an access authority in England ”.

(3)After subsection (5) insert –

(5A)Sections 7, 8, 10 and 19 of the Local Government Byelaws (Wales) Act 2012 apply to all byelaws under this section made by an access authority in Wales..