In the United Kingdom, byelaws are laws of local or limited application made by local councils or other bodies, in specific areas using powers granted by the relevant Acts of Parliament, and so are a form of delegated legislation. Some byelaws are also made by private companies or charities that exercise public or semi-public functions, such as airport operators, water companies or the National Trust.
Formerly, because byelaws created criminal offences that can be prosecuted in magistrates' courts or Justice of the Peace Courts in Scotland, they had to be approved by central government before they came into force. However, due to the Local Government Byelaws (Wales) Act 2012 and the (SI 2016/165), there is a simplified procedure for making new byelaws and amending byelaws, including replacing the Secretary of State for Housing, Communities and Local Government's role in confirming byelaws. This is now a matter for the local council concerned, having taken account of any representations made about a proposed byelaw. The regulations also give councils powers to revoke byelaws under an entirely local process.
Local council byelaws are generally restricted in scope to activities in a particular place, for example a public park, or a particular class of activities, such as amusement arcades. Byelaws are not made for an activity where there is already legislation. Byelaws made by public transport companies are limited to the transport facilities operated by the organisation making the byelaw. Because they only apply to limited areas or facilities, byelaws are generally not made by statutory instrument.
Making of local government 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.Local Authority Byelaws in England: A Discussion Paper , Office of the Deputy Prime Minister, April 2006 As a result, the Local Government and Public Involvement in Health Act 2007 included provision for the government to implement alternative arrangements for making byelaws, and for their enforcement through the issue of fixed penalty notices.Part 6 of the Local Government and Public Involvement in Health Act 2007
A further consultation took place in 2008Communities in control: real people, real power – The making and enforcement of byelaws , Department for Communities and Local Government, August 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.2008 consultation, para 2.15
The power to issue fixed penalties would be granted to police community support officers and also to suitably trained officers appointed by local councils, including parish councils and community councils.
Following the introduction of the Local Government Byelaws (Wales) Act 2012, and the Byelaws (Alternative Procedure) (England) Regulations 2016, there is a simplified procedure for making new byelaws and amending local government byelaws covered by the Ministry for Housing, Communities and Local Government (MHCLG), including replacing the Secretary of State for Housing, Communities and Local Government's role in confirming byelaws. This is now a matter for the local council, having taken account of any representations made about the proposed byelaw. The new arrangements transfer the accountability for making byelaws to local councils. Local councils should ensure that a proposed byelaw is proportionate and necessary before making any new byelaw.
Under the new decentralised arrangements, MHCLG will assume information supplied by the local authority in its application for leave to make a byelaw is correct. The Secretary of State will consider the draft byelaws, report and deregulatory statement provided by the local authority and will, within 30 days, either give leave to make the byelaw, or not give leave to make the byelaw. The Secretary of State may also choose to defer his decision to allow time for further consideration. The new arrangements allows the local authority to make only minor modifications to the proposed byelaws after leave has been given to make the byelaws. Councils should therefore ensure care is taken when drafting byelaws. The regulations also give councils powers to revoke byelaws under an entirely local process.
Enforcement of byelaws Breaches of byelaws are prosecuted in a magistrates' court or justice of the peace courts in Scotland. The punishment is a fine, the maximum being generally between £500 and £2,500.Levels 2 and 4 on the standard scale as set out in section 37(2) of the Criminal Justice Act 1982 or section 225 of the Criminal Procedure (Scotland) Act 1995 – the exact level depends on the type of byelaw
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 1972, 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.Section 235 of the Local Government Act 1972
Other acts grant powers to make byelaws relating to various aspects of public recreation, the management of markets, 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 rated. In Wales, local council byelaws do not need to be confirmed by central government since the Local Government Byelaws (Wales) Act 2012.
Act granting power to make byelaws General description of power Typical matters covered by the byelaws Section 235, Local Government Act 1972 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 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 noiseMaritime and Coastguard Agency model Section 185, Local Government, Planning and Land Act 1980 Regulating hired pleasure boats Numbering and naming, and qualifications and behaviour of boatmen in charge Section 223, Public Health Act 1936 Regulating public swimming poolsExample: Newcastle City Council swimming pool byelaws 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.Department for Communities and Local Government model byelaw number 3 and number 4 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.Example: Reading Borough Council byelaws for operating as a Hairdresser or Barber 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. 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.Department of Health model byelaws Sections 18 and 20, Children and Young Persons Act 1933 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 authority, or other bodies established by statute specifically to look after a particular area.