By Laws (Delegated Legislation)

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What are By-Laws

By-laws are made by:

  • Local authorities and public corporations. 
  • They are given final approval by the relevant Government Minister.
  • They are enforceable in Courts.
  • By-Laws allow County Councils to make laws for the whole country, City Towns or District Councils for their local area. 
  • The Government Act (Enabling Act) allows most By-Laws to be made.
  • Public corporations and certain companies can made by-laws.
  • They do this to help enforce rules concerning behaviour. 
  • By-laws are usually displayed on lamp posts and are punishable by a fine.
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Examples of By-Laws by Local Councils

Examples of By-Laws include:

  • The Clean Neighbourhoods and Environment Act allowed Councils to create by-laws for certain areas of land, such as 'poop and scoop' areas, where dog owners must pick up after their pet, otherwise they will face a fine. 
  • Under the same Act, there are no dogs allowed on Southend Beaches between the 1st May and the 30th September, otherwise the owner will face a fine. 
  • The Criminal Justice and Police Act has allowed Southend Council to place drinking control areas in Southend High Street.
  • The Kent and Essex Seafish Committee have created many by-laws which relates to the removal of sea creatures from its waters. 
  • Rochford District Council has created by-laws to restrict the playing of ball games in its car parks.
  • Under the Public Health Act and Open Spaces Act, Southend Council has listed many by-laws in regards to the behaviour in its 'pleasure grounds' which include:
    • No persons can intentionally light a fire or BBQ.
    • No persons in the ground should put up a tent or caravan etc, without written consent. 
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By-Laws made by Public Corporations

Public corporations include water boards, Airports and railways.

Examples of By-Laws made by public corporations include:

  • The ban on smoking on the London Underground was placed before the smoking ban in public places was introduced. 
    • Seen in Boddington v British Transport Police, where the D was caught smoking on the train and was taken to court, but appealed and was eventually fined £10 in the MC, under the Transport Act.
  • The National Trust has created its own By-Laws to regulate the use of its land. 
    • E.g. 'No authorised person shall ride a horse or bring a dog on any part of the Trust Property, where horse riding is prohibited. 
  • The Nudist beach at Studland, exists as part of the National Trusts' power to regulate the yse of its land, using by-laws. 
    • E.g. They allow the activity of nudity between 'authorised notices exhibited on Trust Property.'
    • This authority is allowed under the National Trust Act.
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