Part III

Procedure and Definitions

34F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35 Confirmation of byelaws. C1

A byelaw made under this Act, and any alteration made therein and any repeal of a byelaw, shall not be of any validity until it has been submitted to and confirmed by the Local Government Board.

A byelaw made under this Act shall not, nor shall any alteration therein or addition thereto or repeal thereof, be confirmed until the expiration of one month after notice of the intention to apply for confirmation of the same has been given by the authority making the same in one or more local newspapers circulating in their county or district.

36 Recovery of penalties and expenses.

All offences fines and expenses under . . . F3 any byelaw made in pursuance of this Act, may be prosecuted, enforced, and recovered before a court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts.

. . . F4

The expression “court of summary jurisdiction” means and includes any justice or justices of the peace, metropolitan police magistrates, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts: Provided that the court, when hearing and determining an information or complaint under this Act, shall be constituted either of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty session, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace.

37 Form of appeal to quarter sessions.

If any party thinks himself aggrieved by any conviction or order made by a court of summary jurisdiction on determining any information or complaint under this Act, the party so aggrieved may appeal therefrom . . . F5 to F6the Crown Court . . . F5

38 Interpretation.

In this Act—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

  • Person” includes a body of persons corporate or unincorporate.