Delegated Legislation - ByLaws
- Created by: LauraPattersonxx324
- Created on: 28-03-18 12:08
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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.
- WHAT are they?
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