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Local Government Byelaws (Wales) Act 2012

Section 4 – Revocation by a legislating authority

5.Section 4 recasts, in part, section 236B of the 1972 Act.  It provides a power for a legislating authority to make a byelaw revoking a byelaw it has previously made where, there exists no other power to do so.  This will allow legislating authorities to remove obsolete byelaw provisions.  A legislating authority will be able to replace an obsolete byelaw (which it revokes pursuant to its powers under section 4) with a new byelaw.

6.Where a legislating authority makes a byelaw in exercise of its powers pursuant to this section, the byelaw does not require confirmation where the enactment under which the original byelaws was made is listed in Part 1 of Schedule 1 to the Act.  However where the original byelaw was made under an enactment not listed in Part 1 of Schedule 1, then the procedure in section 7 will apply to the revocation of the byelaws and confirmation will be required.

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