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Part XIE+W General Provisions as to Local Authorities

ByelawsE+W

[F1236AAlternative procedure for certain byelawsE+W

(1)The Secretary of State may, in relation to England, by regulations—

(a)prescribe classes of byelaws to which section 236 does not apply, and

(b)make provision about the procedure for the making and coming into force of such byelaws.

(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—

(a)the enactment under which byelaws are made,

(b)the subject-matter of byelaws,

(c)the authority by whom byelaws are made,

(d)the authority or person by whom byelaws are confirmed.

(3)The regulations may, in particular, include provision about—

(a)consultation to be undertaken before a byelaw is made,

(b)publicising a byelaw after it is made.

(4)The regulations may make—

(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and

(b)different provision for different areas, including different provision for different localities and for different authorities.

(5)Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F1S. 236A inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 129(3), 245(5); S.I. 2010/112, art. 2(a)

Modifications etc. (not altering text)

C1Ss. 236-238 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 31(2) (with reg. 125)