Search Legislation

Local Government Byelaws (Wales) Act 2012

Status:

This is the original version (as it was originally enacted).

7Byelaws requiring confirmation

This section has no associated Explanatory Notes

(1)This section applies to byelaws made by a legislating authority under any enactment other than those listed in Part 1 of Schedule 1, including byelaws which amend or revoke byelaws previously made by it.

(2)But this section does not apply to the extent that the enactment conferring the power to make a byelaw makes different provision in relation to one or more of the following –

(a)a requirement to submit byelaws for confirmation;

(b)publication of a notice of intent to make the byelaw;

(c)publication of the byelaw;

(d)making copies of the byelaw available.

(3)Before it makes a byelaw to which this section applies, an authority must –

(a)publish on the authority’s website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw;

(b)consult any person (including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue.

(4)Following the consultation, the authority must consider the responses and decide whether making a byelaw is the most appropriate way of addressing the issue.

(5)The authority must then publish on its website a second written statement which contains –

(a)the initial written statement;

(b)a summary of the consultation and the responses;

(c)its decision;

(d)the reasons for that decision.

(6)Byelaws made by the legislating authority must be submitted to the confirming authority and do not have effect unless and until they are confirmed by the confirming authority.

(7)At least six weeks before the byelaw is submitted for confirmation, notice of the legislating authority’s intention to to do so must be published –

(a)in one or more local newspapers circulating in the area to which the byelaw is to apply;

(b)on the authority’s website.

(8)For at least six weeks before the byelaw is submitted for confirmation, the legislating authority must ensure that –

(a)the byelaw is published on the authority’s website;

(b)a copy of the byelaw is deposited at a place in the authority’s area (and, in the case of a byelaw made by the Countryside Council for Wales under the National Parks and Access to the Countryside Act 1949, at a place in the area of each council of a county or county borough to whose area the byelaw applies);

(c)where applicable, a copy is sent to all community councils whose area the authority thinks is likely to be affected by the byelaw;

(d)a copy is open to public inspection at all reasonable hours without payment.

(9)The legislating authority must give a copy of the byelaw to any person who applies for it, subject to that person paying such reasonable fee charged by the authority (if any).

(10)The confirming authority may confirm, or refuse to confirm, any byelaw submitted to it under this section.

(11)For the purposes of this Act, the confirming authority is –

(a)the person specified in the enactment under which the byelaws are made as the person who is to confirm the byelaws, or

(b)if no person is specified, the Welsh Ministers.

(12)The functions of the Welsh Ministers under subsection (11)(b) are exercisable concurrently with the Secretary of State.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources