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The Local Authorities etc. (Miscellaneous Provision) Order 1974

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Byelaws

9.—(1) Any byelaw made—

(a)by an authority abolished by section 1(10) or 20(6) of the Act or section 33 of the Water Act 1973, or

(b)by any other authority who, immediately before 1st April 1974, were exercising the functions in respect of which the byelaw was made,

which has not been submitted for confirmation before 1st April 1974 may be submitted for confirmation as respects its area by any authority who could on and after that date have made the byelaw, and any action which requires to be taken prior to the submission of the byelaw which has not already been taken shall be taken by such authority.

(2) In confirming any byelaw submitted for confirmation before 1st April 1974 but not confirmed at that date, or submitted under paragraph (1), the confirming authority may make any modification in the byelaw which may be necessary as the result of the changes of areas and authorities effected by or under the Act or the Water Act 1973.

(3) (a) The provisions of this paragraph shall have effect in relation to byelaws made by the council of an administrative county which would, on and after 1st April 1974, fall to be made by a district council.

(b)The council of any administrative county shall before 1st April 1974 supply printed copies of all byelaws made by them and in force to the councils of the districts in which the whole or parts of the county are comprised.

(c)The production of a printed copy of a byelaw made by the council of an administrative county upon which is endorsed a certificate purporting to be signed by the proper officer of a district council to whom copies have been supplied under (b) stating—

(i)that the byelaw was made by the council of the administrative county;

(ii)the matters set out in (b), (c) and (d) of section 238 of the Act

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

(4) The production of a printed copy of any byelaw to which paragraph (3) does not apply made by any authority described in column (1) of Part I or II of Schedule 4 to the Local Authorities (England) (Property etc.) Order 1973 or the Local Authorities (Wales) (Property etc.) Order 1973 upon which is endorsed a certificate purporting to be signed by the proper officer of the authority specified in respect of such authority in column (2) stating—

(a)that the byelaw was made by the first-mentioned authority;

(b)the matters set out in (b), (c) and (d) of section 238 of the Act

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

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