Byelaws in the United Kingdom
Encyclopedia
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
.
At present, because byelaws create criminal offences that can be prosecuted in Magistrates' Court
s, 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 Notice
s, 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 arcade
s or the employment of children. Byelaws made by public transport
companies are limited to the transport facilities operated by the organisation making the byelaw.
. 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.
. The punishment is a fine, the maximum being generally between £500 and £2,500.
included provision for the Government to implement alternative arrangements for making byelaws, and for their enforcement through the issue of Fixed Penalty Notice
s.
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 Officer
s and also to suitably trained officers appointed by local councils, including parish councils and community council
s.
, 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 certificate
d.
, or other bodies established by statute specifically to look after a particular area.
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.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
, 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
National Trust for Places of Historic Interest or Natural Beauty
The National Trust for Places of Historic Interest or Natural Beauty, usually known as the National Trust, is a conservation organisation in England, Wales and Northern Ireland...
.
At present, because byelaws create criminal offences that can be prosecuted in Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
s, 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 Notice
Fixed Penalty Notice
Fixed penalty notices were introduced in Britain in the 1950s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.In recent years, this has...
s, 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
Park
A park is a protected area, in its natural or semi-natural state, or planted, and set aside for human recreation and enjoyment, or for the protection of wildlife or natural habitats. It may consist of rocks, soil, water, flora and fauna and grass areas. Many parks are legally protected by...
, or a particular class of activities, such as amusement arcade
Amusement arcade
An amusement arcade or video arcade is a venue where people play arcade games such as video games, pinball machines, electro-mechanical games, redemption games, merchandisers , or coin-operated billiards or air hockey tables...
s or the employment of children. Byelaws made by public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
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 departmentDepartments of the United Kingdom Government
Her Majesty's Government of the United Kingdom contains a number of Cabinet ministers who are usually called secretaries of state when they are in charge of Government departments called ministerial departments...
. 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' CourtMagistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
. 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 2007Local Government and Public Involvement in Health Act 2007
The Local Government and Public Involvement in Health Act 2007 is an Act of the Parliament of the United Kingdom.The Act allows for the implementation of many provisions outlined in the Government white paper Strong and Prosperous Communities including changes to local government in England...
included provision for the Government to implement alternative arrangements for making byelaws, and for their enforcement through the issue of Fixed Penalty Notice
Fixed Penalty Notice
Fixed penalty notices were introduced in Britain in the 1950s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.In recent years, this has...
s.
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 Officer
Police community support officer
A police community support officer , or community support officer is a uniformed non-warranted officer employed by a territorial police force or the British Transport Police in England and Wales. Police community support officers were introduced in September 2002 by the Police Reform Act 2002...
s and also to suitably trained officers appointed by local councils, including parish councils and community council
Community council
A community council is a public representative body in Great Britain.In England they may be statutory parish councils by another name, under the Local Government and Public Involvement in Health Act 2007, or they may be non-statutory bodies...
s.
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 1972Local Government Act 1972
The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974....
, 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
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
–Liberal Democrat
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
Coalition Government
United Kingdom coalition government (2010–present)
The ConservativeLiberal Democrat coalition is the present Government of the United Kingdom, formed after the 2010 general election. The Conservative Party and the Liberal Democrats entered into discussions which culminated in the 2010 coalition agreement, setting out a programme for government...
in 2010, it has been suggested that councils may be permitted to use byelaws to improve public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
, by imposing local minimum prices for alcohol
Alcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
, limiting promotions associated with fast food
Fast food
Fast food is the term given to food that can be prepared and served very quickly. While any meal with low preparation time can be considered to be fast food, typically the term refers to food sold in a restaurant or store with preheated or precooked ingredients, and served to the customer in a...
or making films depicting smoking automatically 18 certificate
18 certificate
The 18 certificate is issued by the British Board of Film Classification to state that, in its opinion, a film, video recording, or game should not be seen or purchased by a person under 18 years old....
d.
| Act granting power to make byelaws | General description of power | Typical matters covered by the byelaws |
|---|---|---|
| Section 235, Local Government Act 1972 Local Government Act 1972 The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974.... |
Good rule and government, and the prevention of nuisances | Climbing on bridges, skateboarding, riding on verges, playing games on or near highways, fairground attractions causing obstructions, touting, urinating or defecating in public, interfering with life-saving equipment or road signs. |
| Section 164, Public Health Act 1875 Public Health Act 1875 The Public Health Act 1875 was established in the United Kingdom to combat filthy urban living conditions, which caused various public health threats, including the spread of many diseases such as cholera and typhus. Reformers wanted to resolve sanitary problems, because sewage was flowing down the... |
Regulation of public walks and pleasure grounds | Climbing, grazing of animals, camping, fires, throwing of missiles, interference with life-saving equipment, horse-riding, cycling, vehicles, play areas, skateboarding, ball-games and other sports, bathing, ice-skating, fishing, model boats, aircraft and hot air balloons, kites, model aircraft, public performances, excessive noise, metal detectors, offering items for sale and protection of plants. |
| Sections 12 and 15, Open Spaces Act 1906 | Regulation of open spaces and burial grounds | (Same list as for section 164 of the Public Health Act 1875) |
| Section 82, Public Health Acts Amendment Act 1907 | Regulating use of the seashore | Fishing, bait digging, horse-riding, games, public performances, fires, parties, aircraft, kites, unauthorised structures, offering items for sale and interference with life-saving equipment, signs or flags |
| Section 83, Public Health Acts Amendment Act 1907 | Regulating use of promenades | Cycling, vehicles, skate-boarding, kites, unauthorised structures, offering items for sale and interference with life-saving equipment, signs or flags. |
| Section 231, Public Health Act 1936 | Regulating public bathing | Times and places, use of huts and tents, bathing costumes, life-saving appliances, and use of pleasure boats within areas allotted for public bathing. |
| Section 76, Public Health Act 1961 | Regulating seaside pleasure boats | Personal watercraft (including jet-skis) and waterskiing including speed, navigation and noise |
| Section 185, Local Government, Planning and Land Act 1980 Local Government, Planning and Land Act 1980 The Local Government, Planning and Land Act 1980 was responsible for the establishment of Development Corporations, including the London Docklands Development Corporation.... |
Regulating hired pleasure boats | Numbering and naming, and qualifications and behaviour of boatmen in charge |
| Section 223, Public Health Act 1936 | Regulating public swimming pools | |
| Section 6, Food Act 1984 | Regulating markets | Opening hours, allocation of pitches, maintaining cleanliness, preventing obstruction, use of water taps, prevention of fires, and ensuring adequate space for penned animals. |
| Section 75, Public Health Act 1961, as amended by section 22, Local Government (Miscellaneous Provisions) Act 1976 | Regulating amusement premises and pleasure fairs | Opening hours, restricting noise, fire safety and prevention, adequate supervision and excluding drunks and prostitutes. |
| Section 77. Public Health Act 1961, as amended by section 22, Local Government (Miscellaneous Provisions) Act 1976 | Regulating hairdressers and barbers | Cleanliness of premises, tools and personnel. |
| Section 198, Public Health Act 1936 | Regulating public mortuaries and post-mortem rooms | Management and charges for use |
| Section 19, Public Libraries and Museums Act 1964 | Regulating use of libraries | Cleanliness of library users, dogs, disorderly behaviour, sleeping, noise, supervision of children, offering items for sale, eating and drinking, mobile phones, radios. |
| Part VIII, Local Government (Miscellaneous Provisions) Act 1982 as amended by Local Government Act 2003 Local Government Act 2003 The Local Government Act 2003 is an Act of the Parliament of the United Kingdom. It made various changes to the administration of local government in the United Kingdom... . and London Local Authorities Act 1991 and the Greater London Council (General Powers) Act 1981 |
Hygiene and cleanliness of acupuncture services and businesses providing tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis | Cleanliness of premises, equipment and operators. |
| Sections 18 and 20, Children and Young Persons Act 1933 Children and Young Persons Act 1933 The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland... |
Restrictions on employment of children | Ages at which children may be employed, the types of work they may do, hours of work, and street trading. |
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 authorityNational Park Authority
A national park authority is a special term used in the United Kingdom for the legal body in charge of a national park. The powers and duties of the authorities are all similar, but do vary somewhat depending on the country in which they are situated....
, or other bodies established by statute specifically to look after a particular area.
| Act granting power to make byelaws | Byelaw-making body | General description of power | Typical matters covered by the byelaws |
|---|---|---|---|
| Sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949 | Local councils and English Nature English Nature English Nature was the United Kingdom government agency that promoted the conservation of wildlife, geology and wild places throughout England between 1990 and 2006... / Scottish Natural Heritage Scottish Natural Heritage Scottish Natural Heritage is a Scottish public body. It is responsible for Scotland's natural heritage, especially its natural, genetic and scenic diversity. It advises the Scottish Government and acts as a government agent in the delivery of conservation designations, i.e... / Countryside Council for Wales Countryside Council for Wales The Countryside Council for Wales is an Assembly Government Sponsored Body. It is the Welsh Assembly Government's wildlife conservation authority for Wales... |
Local nature reserves | Restriction of access; catching, disturbing, injuring or killing animals or eggs, pupae or larvae; damaging plants; introducing any animals, eggs, plants or seeds that may reproduce, hatch, propagate or germinate; grazing; pollution of water; bathing, water-skiing, ice-skating, sailing boats or model boats; obstructing watercourses; vehicles and aircraft; electronic equipment, firearms, kites, model aircraft; fires; camping; shutting of gates. |
| Sections 20, National Parks and Access to the Countryside Act 1949, and Section 28R, Wildlife and Countryside Act 1981 | English Nature English Nature English Nature was the United Kingdom government agency that promoted the conservation of wildlife, geology and wild places throughout England between 1990 and 2006... / Scottish Natural Heritage Scottish Natural Heritage Scottish Natural Heritage is a Scottish public body. It is responsible for Scotland's natural heritage, especially its natural, genetic and scenic diversity. It advises the Scottish Government and acts as a government agent in the delivery of conservation designations, i.e... / Countryside Council for Wales Countryside Council for Wales The Countryside Council for Wales is an Assembly Government Sponsored Body. It is the Welsh Assembly Government's wildlife conservation authority for Wales... |
Sites of Special Scientific Interest | |
| Section 17, Countryside and Rights of Way Act 2000 Countryside and Rights of Way Act 2000 The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force... |
National park authority National Park Authority A national park authority is a special term used in the United Kingdom for the legal body in charge of a national park. The powers and duties of the authorities are all similar, but do vary somewhat depending on the country in which they are situated.... or local council |
Access land | Preservation of order, prevention of damage to the land and avoiding interference with the enjoyment of the land by others (generally the same list as for section 164 of the Public Health Act 1875) |
| Sections 90 and 91, National Parks and Access to the Countryside Act 1949 National Parks and Access to the Countryside Act 1949 The National Parks and Access to the Countryside Act 1949 is an Act of the Parliament of the United Kingdom which created the National Parks Commission which later became the Countryside Commission and then the Countryside Agency, which became Natural England when it merged with English Nature in... |
Local councils | National Park National park A national park is a reserve of natural, semi-natural, or developed land that a sovereign state declares or owns. Although individual nations designate their own national parks differently A national park is a reserve of natural, semi-natural, or developed land that a sovereign state declares or... s and Areas of Outstanding Natural Beauty |
|
| Section 129 to 133, Marine and Coastal Access Act 2009 Marine and Coastal Access Act 2009 The Marine and Coastal Access Act 2009 is an Act of the Parliament of the United Kingdom. It creates "a new system of marine management".-Sections 1 to 3 - The Marine Management Organisation:Section 1 creates the Marine Management Organisation.... |
Marine Management Organisation Marine Management Organisation The Marine Management Organisation is an executive non-departmental public body established and given powers under the Marine and Coastal Access Act 2009... |
Inshore waters (specifically marine conservation zones Marine Protected Area Marine Protected Areas, like any protected area, are regions in which human activity has been placed under some restrictions in the interest of conserving the natural environment, it's surrounding waters and the occupant ecosystems, and any cultural or historical resources that may require... ) |
Protecting marine conservation zones Marine Protected Area Marine Protected Areas, like any protected area, are regions in which human activity has been placed under some restrictions in the interest of conserving the natural environment, it's surrounding waters and the occupant ecosystems, and any cultural or historical resources that may require... |
| Green Belt (London and Home Counties) Act 1938 | Countryside | ||
| Section 41, Countryside Act 1968 | Local councils | Country Park Country park A country park is an area designated for people to visit and enjoy recreation in a countryside environment.-History:In the United Kingdom the term 'Country Park' has a special meaning. There are over 400 Country Parks in England alone . Most Country Parks were designated in the 1970s, under the... s and Picnic Sites |
Preservation of order, prevention of damage to the land, avoiding interference with the enjoyment of the land by others, regulating sailing on waterways and make charges for the registartion of boats (plus generally the same list as for section 164 of the Public Health Act 1875) |
| London (Various Powers) Act 1990 | |||
| Section 46, Forestry Act 1967 | Forestry Commission Forestry Commission The Forestry Commission is a non-ministerial government department responsible for forestry in Great Britain. Its mission is to protect and expand Britain's forests and woodlands and increase their value to society and the environment.... |
Forestry Commission lands and plantations | Preservation of trees and timber, protection of the land and regulating the reasonable use of the land by the public |
| Section 25, New Forest Act 1877 and section 9. New Forest Act 1949 | Verderers of the New Forest Verderer Verderers are officials in Britain who deal with Common land in certain former royal hunting areas which are the property of The Crown.-Origins:... |
The New Forest New Forest The New Forest is an area of southern England which includes the largest remaining tracts of unenclosed pasture land, heathland and forest in the heavily-populated south east of England. It covers south-west Hampshire and extends into south-east Wiltshire.... |
|
| Section 36, Epping Forest Act 1878 | Common Council of the City of London as the Epping Forest Conservators | Epping Forest Epping Forest Epping Forest is an area of ancient woodland in south-east England, straddling the border between north-east Greater London and Essex. It is a former royal forest, and is managed by the City of London Corporation.... |
|
| Section 19, Ashdown Forest Act 1974 | Ashdown Forest Conservators | Ashdown Forest Ashdown Forest Ashdown Forest is an ancient area of tranquil open heathland occupying the highest sandy ridge-top of the High Weald Area of Outstanding Natural Beauty. It is situated some south of London in the county of East Sussex, England... |
|
| Section 84, Wimbledon and Putney Common Act 1871 | Wimbledon and Putney Commons Conservators | Wimbledon and Putney Commons | |
| Section 6, Metropolitan Commons Act 1866 | Local councils | Commons and town and village greens | |
| Section 15, Commons Act 1876 | The majority in value of owners of rights of pasture | Common land Common land Common land is land owned collectively or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect firewood, or to cut turf for fuel... |
Prevention of or protection from nuisances or for keeping order on the regulated pasture, and for general management, occupation, and enjoyment of the regulated pasture |
| Section 10, Commons Act 1899 (as substituted by Commons Act 2006) | Local councils | Common land | Prevention of nuisances and the preservation of order on a Common, including protection of plants and animals, fires, control of dogs, grazing of animals, erection of structures, offering items for sale, use of firearms and throwing of missiles, vehicles, aircraft, horse-riding, bathing, and obstructing or annoying others. |
| Section 11, Dartmoor Commons Act 1985 | Devon County Council Devon County Council Devon County Council is the county council administering the English county of Devon. Based in the city of Exeter, the council covers the non-metropolitan county area of Devon... as Dartmoor National Park Authority |
Dartmoor National Park | |
| Section 25, River Cam Conservancy Act 1922 | River Cam Conservators | River Cam River Cam The River Cam is a tributary of the River Great Ouse in the east of England. The two rivers join to the south of Ely at Pope's Corner. The Great Ouse connects the Cam to England's canal system and to the North Sea at King's Lynn... |
Licensing of vessels, all aspects of navigation, races and regattas, mooring, use of locks, prevention of nuisances, bathing, etc. |
| Malvern Hills Acts 1884 to 1995 | Malvern Hills Conservators Malvern Hills Conservators The Malvern Hills Conservators are a body corporate responsible for the care and management of the Malvern Hills and Commons. They were established in 1884 and are governed by five Acts of Parliament, the Malvern Hills Acts 1884, 1909, 1924, 1930 and 1995. They became a registered charity in... |
Malvern Hills Malvern Hills The Malvern Hills are a range of hills in the English counties of Worcestershire, Herefordshire and a small area of northern Gloucestershire, dominating the surrounding countryside and the towns and villages of the district of Malvern... |
|
| Sections 12 and 13, Countryside Act 1968 | Local councils | Facilities provided for the enjoyment of the sea or waterways adjoining a National Park | |
| Section 10(3) and Section 10(5) and paragraph 4 of Schedule 5, Norfolk and Suffolk Broads Act 1988 | The Broads Authority Broads Authority The Broads Authority is the agency which has statutory responsibility for the Broads in England. Originally, the Nature Conservancy Council , pressed for a special authority to manage the Broads which had been neglected for a long time. In 1978, the forerunner to the present-day Broads Authority... |
The Norfolk and Suffolk Broads National Park | All aspects of navigation including speed; also water-skiing |
| Section 157, Water Industry Act 1991 Water Industry Act 1991 The Water Industry Act 1991 is an Act of the United Kingdom Parliament consolidating previous enactments relating to the water supply and the provision of wastewater services in England and Wales. It further implemented recommendations of the Law Commission.-Sections:Part 1 deals with the... |
Water companies | Reservoirs and Water Parks | |
| Schedule 25, Water Resources Act 1991 Water Resources Act 1991 The Water Resources Act 1991 is an Act of the Parliament of the United Kingdom that regulates water resources, water quality and pollution, and flood defence. Part II of the Act provides the general structure for the management of water resources. Part III then explains the standards expected for... and section 66, Land Drainage Act 1991 |
Environment Agency Environment Agency The Environment Agency is a British non-departmental public body of the Department for Environment, Food and Rural Affairs and an Assembly Government Sponsored Body of the Welsh Assembly Government that serves England and Wales.-Purpose:... , local councils and internal drainage board Internal Drainage Board An internal drainage board is a type of operating authority which is established in areas of special drainage need in England and Wales with permissive powers to undertake work to secure clean water drainage and water level management within drainage districts... s |
Internal drainage | Control of sluices, diversion or stopping up of watercourses, introduction of water to courses, fishing, fires, vegetation, vermin, protection of banks, dredging, navigation of vessels. |
| Section 5 of the Sea Fisheries Regulation Act 1966 | Fisheries Committees | Sea Fisheries | Restricting or prohibiting fishing for all or any specified kinds of sea fish during any period, methods of fishing, equipment used (including size of mesh), and regulating shellfish and oyster cultivation. Note: This provision is to be repealed on the coming into force of the relevant sections of the Marine and Coastal Access Act 2009 Marine and Coastal Access Act 2009 The Marine and Coastal Access Act 2009 is an Act of the Parliament of the United Kingdom. It creates "a new system of marine management".-Sections 1 to 3 - The Marine Management Organisation:Section 1 creates the Marine Management Organisation.... |
| Sections 155-162 of the Marine and Coastal Access Act 2009 Marine and Coastal Access Act 2009 The Marine and Coastal Access Act 2009 is an Act of the Parliament of the United Kingdom. It creates "a new system of marine management".-Sections 1 to 3 - The Marine Management Organisation:Section 1 creates the Marine Management Organisation.... |
Inshore fisheries and conservation authorities | Sea Fisheries | Prohibiting or restricting exploitation of sea fisheries resources, protection of fisheries for shellfish, monitoring of exploitation of resources, regualting fisheries through the issue of permits, prohibiting or restricting specific vessels, methods orgear |
| Schedule 25, Water Resources Act 1991 Water Resources Act 1991 The Water Resources Act 1991 is an Act of the Parliament of the United Kingdom that regulates water resources, water quality and pollution, and flood defence. Part II of the Act provides the general structure for the management of water resources. Part III then explains the standards expected for... |
Environment Agency Environment Agency The Environment Agency is a British non-departmental public body of the Department for Environment, Food and Rural Affairs and an Assembly Government Sponsored Body of the Welsh Assembly Government that serves England and Wales.-Purpose:... |
Inland waterways | Preservation of order, prevention of damage to the waterway or land, avoiding interference with the enjoyment of the waterway or land by others; boating; pollution; flood defence and drainage; salmon, trout, freshwater and eel fisheries; conservation of the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas, or of any features of archaeological or historic interest, and the conservation of flora or fauna that depend on, or associated with, a marine or coastal, or aquatic or waterside, environment. |
| National Trust Acts 1907 to 2005 | National Trust National Trust for Places of Historic Interest or Natural Beauty The National Trust for Places of Historic Interest or Natural Beauty, usually known as the National Trust, is a conservation organisation in England, Wales and Northern Ireland... and National Trust for Scotland National Trust for Scotland The National Trust for Scotland for Places of Historic Interest or Natural Beauty, commonly known as the National Trust for Scotland describes itself as the conservation charity that protects and promotes Scotland's natural and cultural heritage for present and future generations to... |
National Trust land | |
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.| Act granting power to make byelaws | Byelaw-making body | General description of power | Typical matters covered by the byelaws |
|---|---|---|---|
| Section 35, Highways Act 1980 Highways Act 1980 The Highways Act 1980 is an Act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces of legislation. Many amendments relate only to changes of highway authority, to include... |
Local council (highways authority) | Walkways | Conduct of the public, closing times, placement of structures. |
| Section 68, Town Police Clauses Act 1847 Town Police Clauses Act 1847 The Town Police Clauses Act 1847 is an Act of the Parliament of the United Kingdom . The statute remains in force and is frequently used by local councils to close roads to allow public events such as processions or street parties to take place.The Act is also used to regulates the local taxi and... |
Local councils | Taxi Taxicab A taxicab, also taxi or cab, is a type of vehicle for hire with a driver, used by a single passenger or small group of passengers, often for a non-shared ride. A taxicab conveys passengers between locations of their choice... s (hackney carriage Hackney carriage A hackney or hackney carriage is a carriage or automobile for hire... s) |
Conduct of drivers and proprietors, and fares |
| Section 6, Town Police Clauses Act 1889 | Local councils | Horse drawn omnibus Bus A bus is a road vehicle designed to carry passengers. Buses can have a capacity as high as 300 passengers. The most common type of bus is the single-decker bus, with larger loads carried by double-decker buses and articulated buses, and smaller loads carried by midibuses and minibuses; coaches are... es |
|
| Section 219, Transport Act 2000 Transport Act 2000 The Transport Act 2000 is an Act of the Parliament of the United Kingdom. It provided for a number of measures regarding transport in Great Britain, most notably, the first major change in the structure of the privatised railway system established under the Railways Act 1993... |
Strategic Rail Authority Strategic Rail Authority In existence from 2001 to 2006, the Strategic Rail Authority was a non-departmental public body in the United Kingdom set up under the Transport Act 2000 to provide strategic direction for the railway industry.... |
National railways | |
| Paragraph 26 of Schedule 11, Greater London Authority Act 1999 Greater London Authority Act 1999 The Greater London Authority Act 1999 is the Act of Parliament that established the Greater London Authority, the London Assembly and the Mayor of London.... |
Transport for London Transport for London Transport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London... |
Transport for London's railways and railway premises | Regulating the use, and working of, and travel and behaviour of passengers |
| Paragraph 27 of Schedule 11, Greater London Authority Act 1999 | Transport for London Transport for London Transport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London... |
Regulating the use of any landing place vested in or operated by Transport for London. | |
| Section 25, London Transport Act 1969 | Transport for London Transport for London Transport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London... |
Transport for London's road transport garages, depots, bus stations, shelters, other premises and approaches. | Regulating the use and working of, and behaviour of passengers |
| Section 46, Croydon Tramlink Act 1994 | Croydon Tramlink premises and facilities. | Regulating the use and working of, and travel and behaviour of passengers | |
| Section 59, Leeds Supertram Act 1993 | Leeds Supertram Leeds Supertram The Leeds Supertram was a proposed light rail/tram system in Leeds and West Yorkshire in England.-Initial proposals:Proposals for the reinstatement of trams or a light rail system in Leeds which were withdrawn in 1959 have been ongoing since the 1970s with various plans for varying light rail... |
Regulating behaviour on various local light railways and tramways. | |
| Section 62, Greater Nottingham Light Rapid Transit Act 1994 | Regulating behaviour on various local light railways and tramways. | ||
| section 67, Transport Act 1962 Transport Act 1962 The Transport Act 1962 is an Act of the Parliament of the United Kingdom. Described as the "most momentous piece of legislation in the field of railway law to have been enacted since the Railway and Canal Traffic Act 1854", it was passed by Harold Macmillan's Conservative government to dissolve the... as amended by section 37, Transport Act 1981 Transport Act 1981 The Transport Act 1981 was a Act of Parliament in the United Kingdom. Amongst other items it introduced the compulsory wearing of seat belts for front seat passengers for a trial period of three year.... and paragraph 2 of Schedule 4 to London Regional Transport Act 1984 London Regional Transport Act 1984 The London Regional Transport Act 1984 was an Act of the United Kingdom Parliament which created the statutory corporation named London Regional Transport. It received Royal Assent on 26 June 1984, and its major provisions took effect on 29 June. Later legislation has modified the effects of this... |
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| Local Acts and Transport and Works Act Orders | Other guided transport systems e.g. tramways and light rapid transit systems | ||
| London County Council (Tunnel and Improvements) Act 1938 | Blackwall Tunnels and their approaches. | ||
| Section 54, Thames Tunnel (Rotherhithe and Ratcliff) Act 1900 | Rotherhithe Tunnel Rotherhithe Tunnel The Rotherhithe Tunnel is a road tunnel crossing beneath the River Thames in East London. It connects the Ratcliff district of Limehouse in the London Borough of Tower Hamlets north of the river to Rotherhithe in the London Borough of Southwark south of the river. It is designated as the A101... |
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| Section 102, County of Merseyside Act 1980 as amended by the Mersey Tunnels Order 1986 | Merseyside Passenger Transport Authority | Mersey Tunnels Mersey Tunnels The Mersey Tunnels connect Liverpool with the Wirral Peninsula, under the River Mersey. There are three tunnels: the Mersey Railway Tunnel , and two road tunnels, the Queensway Tunnel and the Kingsway Tunnel... |
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| Section 23, Metropolitan Board of Works (Various Powers) Act 1885 | Transport for London Transport for London Transport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London... |
Woolwich Ferry Woolwich Ferry The Woolwich Free Ferry is a boat service across the River Thames, London, UK, which is licensed and financed by London River Services, the maritime arm of Transport for London... |
Regulating the use and working of, and behaviour on, the Ferry |
| Section 18, Harbours, Docks and Piers Clauses Act 1847, and Harbour Revision Orders and local Acts and Orders | Harbour authorities, which can be local councils or private companies | Ports and harbours | Navigation, mooring, handling of goods, road and rail traffic, interference with life-saving equipment, water sports, bathing and diving, fishing, skateboarding |
| Sections 63 and Schedule 3, Airports Act 1986 | Airport operators, who can be public bodies or private companies | Airports | Safety of aircraft, vehicles and people, controlling operation of aircraft, controlling vehicles not on public roads including regulating speed and parking, regulating taxis, restricting access to parts of the airport, preserving order, and safe custody of lost property. |
| British Transport Commission Act 1954, British Waterways Acts 1971 and 1975 | British Waterways British Waterways British Waterways is a statutory corporation wholly owned by the government of the United Kingdom, serving as the navigation authority in England, Scotland and Wales for the vast majority of the canals as well as a number of rivers and docks... |
Canals | Licensing of vessels, all aspects of navigation, mooring, use of locks, prevention of nuisances, bathing, etc. |
Military lands byelaws
The Secretary of State for DefenceSecretary of State for Defence
The Secretary of State for Defence, popularly known as the Defence Secretary, is the senior Government of the United Kingdom minister in charge of the Ministry of Defence, chairing the Defence Council. It is a Cabinet position...
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.