Revised Legal Topic Note 14 E on Byelaws

Legal Topic Note 14 has been revised by NALC to bring it up to date. 

Parish Councils have the to power to create byelaws in relation to a variety of matters including public walks and pleasure grounds, hiring pleasure boats, open space, managing mortuaries, regulating wash houses, public bathing, markets and parking spaces for bikes and motorbikes. An arcane list; but most parish councils use byelaws for restricting dogs on recreation grounds. The failure to observe a byelaw is a criminal offence but in practice the police are often reluctant to prosecute the breach. A sign to notify users of the presence of a byelaw may have a deterrent effect.

The revised LTN includes a useful flow chart illustrating the steps-

• preliminary research
• drafting the byelaw
• provisional approval DCLG
• advertising the byelaw
• confirmation by DCLG
• if contentious a public inquiry
• approval by Sec. of State.

The complete LTN is available on the NALC website. BALC member councils have a username and password to assess the Members Area of the NALC website.