Communities and Local Government

• Local government
• Governance and elections
• Byelaws
• Local government legislation: byelaws
• Guidance notes: Arrangements for confirmation of local authority byelaws
• Annex 2

Local government

Annex 2 - Powers under which Local Authorities may make byelaws for which DCLG is the confirming authority

Powers under which Local Authorities may make Byelaws for which the Secretary of State is the confirming authority. Individual byelaws can be made only under the power governing the set to which they belong and cannot be transferred between sets.

The Secretary of State 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.

Pleasure grounds, public walks and open spaces (Model set 2)

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

• 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.
• 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.
• Village greens are a special case. Further information is available from Communities and Local Government.
• For help in deciding under which power a byelaw should be made, reference should be made to the flow charts attached to the model byelaws issued by Communities and Local Government.

Amusement Premises (Model set 3)

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

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

Pleasure fairs (Model set 4)

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

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

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

Promenades ( Model set 5)

s.83, Public Health Acts Amendment Act 1907

This set includes byelaws on cycling, skateboarding, motor vehicles, trading, kites and buggies, interference with life saving equipment and removal of signs and structures

Seashores (Model set 6)

s 82, Public Health Acts Amendment Act 1907

This set includes byelaws on aircraft, bait digging, fires, fishing, games, horse riding, interference with life-saving equipment, public performances, trading, signs and structures.

Good rule and government and the prevention and suppression of nuisances (Model set 8)

s.235, Local Government Act 1972

This set includes byelaws on riding on road verges, touting, urinating, interference with road warning equipment and live saving equipment.
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.

Markets (Model set 10) - s60, Food Act 1984

This set includes byelaws on opening days and hours, animals, livestock markets, maintaining cleanliness.

Other

Communities and Local Government also offers draft byelaws on the following;

1. Public Bathing
   s.231, Public Health Act 1936 (as amended by s.17, Local Government  (Miscellaneous Provisions) Act 1976) 
   to regulate  public bathing (permitted areas and hours, siting, 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). N.B. These provisions cannot be used to prohibit or regulate the use of jet skis.
2. Hairdressers and Barbers
3. Public conveniences