Open Spaces Act 1906

15 Byelaws

(1) A local authority may, with reference to any open space or burial ground in or over which they have acquired any estate, interest, or control under this Act, make byelaws for the regulation thereof, and of the days and times of admission thereto, and for the preservation of order and prevention of nuisances therein, and may by such byelaws impose penalties recoverable summarily for the infringement thereof, and provide for the removal of any person infringing any byelaw by any officer of the local authority or police constable.

(2) All byelaws made under this Act by any local authority shall be made—

(a) in the case of a county council other than the London County Council, subject and according to the provisions of section sixteen of the [51 & 52 Vict. c. 41.] Local Government Act, 1888 ; and

(b) in the case of the London County Council, subject and according to the provisions of sections two hundred and two and two hundred and three of the [18 & 19 Vict. c. 120.] Metropolis Management Act, 1855, as modified with respect to parks and open spaces by the [53 & 54 Vict. c. ccxliii.] London Council (General Powers) Act, 1890, and the [61 & 62 Vict. c. ccxxi.] London County Council (General Powers) Act, 1898 ; and

(c) in the case of the Common Council of the City of London, subject and according to the [38 & 39 Vict. c. 55.] Corporation of London (Open Spaces) Act, 1878 ; and

(d) in the case of the council of a metropolitan borough, subject and according to the provisions of sections two hundred and two and two hundred and three of the Metropolis Management Act, 1855 ; and

(e) in the case of a municipal borough or district or parish council, subject and according to the provisions with respect to byelaws contained in sections one hundred and eighty-two to one hundred and eighty-six of the [38 & 39 Vict. c. 55.] Public Health Act, 1875, and those sections shall apply to a parish council in like manner as if they were a local authority within the meaning of that Act, except that byelaws made by a parish council need not be under common seal.

(3) The trustees or other persons having the care and management of any open space, who in pursuance of this Act admit to the enjoyment of the Open space any persons not owning, occupying, or residing in any house fronting thereon, shall have the same powers of making byelaws as are conferred on a committee of the inhabitants of a square by section four of the [26 & 27 Vict. c. 13.] Town Gardens Protection Act, 1863, and that section shall apply accordingly.