Delegated Legislation - ByLaws

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  • ByLaws
    • WHAT are they?
      • Regulations created to cover specific matters relevant in their own area such as a town or city.
    • WHO creates them?
      • Local authorities (e.g.council)
      • Public bodies (e.g.railway authority)
      • Some bylaws are made by private companies or charities that exercise public or semi-public functions, (e.g. airport operators, water companies or the National Trust)
    • HOW are they created?
      • Bylaws are created under the authority / power granted by an Enabling Act. Local Government Act 1972 Local Government (Miscellaneous Provisions) Act (1982)
      • Bylaws must be approved by the relevant  Government Minister responsible for the particular area being legislated.
        • The Minister can approve or disapprove as he deems necessary.
      • The Enabling Act of Parliament grants the power (authority) to a public body to create ByLaw. 
    • EXAMPLES
      • Warwick District bylaw - Prohibiting parking on the margin
      • Cheltenham Borough Council Dog fouling bylaw (maximum fine £500)
      • Cambridge City Council bylaw Banning the consumption of alcohol in a public place
    • WHY do we need them?
      • Parliamentary time can be saved for important national issues.
      • Parliament does not have enough time. 
      • Parliament does not have the local or independent knowledge that Local authorities have.
      • Local bodies have the necessary independent / specialist or local knowledge to create regulations. 

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