2015 No. 1025 (W. 74) (C. 70)
The Local Government Byelaws (Wales) Act 2012 (Commencement No. 2, Transitional Provisions and Savings) Order 2015
Made
The Welsh Ministers make the following Order in exercise of the powers conferred on them by section 22(2) and (3) of the Local Government Byelaws (Wales) Act 20121.
Title and interpretation1
1
The title of this Order is the Local Government Byelaws (Wales) Act 2012 (Commencement No. 2, Transitional Provisions and Savings) Order 2015.
2
In this Order—
a
“the 2012 Act” (“Deddf 2012”) means the Local Government Byelaws (Wales) Act 2012; and
b
“the 1972 Act” (“Deddf 1972”) means the Local Government Act 19722.
Appointed day2
31 March 2015 is the appointed day for the coming into force of the following provisions of the 2012 Act—
a
section 1 (overview);
b
section 2 (byelaws for good rule and government and suppression of nuisances);
c
section 3 (meaning of “legislating authority”);
d
section 4 (revocation by a legislating authority);
e
section 5 (revocation by the Welsh Ministers);
f
section 6 (byelaws not requiring confirmation) and Part 1 of Schedule 1;
g
section 7 (byelaws requiring confirmation);
h
section 8 (formalities, commencement and publication of byelaws);
i
section 10 (offences against byelaws);
j
section 11 (section 2 byelaws; powers of seizure etc);
k
section 12 (power to offer fixed penalties for offences against certain byelaws) in so far as it is not already commenced and Part 2 of Schedule 1;
l
section 13 (amount of fixed penalty) in so far as it is not already commenced;
m
section 14 (power to require name and address in connection with fixed penalty);
n
section 15 (use of fixed penalty receipts);
o
section 17 (Community Support Officers etc);
p
section 18 (guidance) in so far as it is not already commenced;
q
section 19 (evidence of byelaws); and
r
section 20 (consequential amendments) and paragraphs 1 to 8, 9(1) to (3), (5) and 10 to 18 of Schedule 2.
Transitional provisions and savings3
1
Despite the coming into force of sections 2, 4, 6, 7, 8 and 20 of, and Schedules 1 and 2 to, the 2012 Act—
a
sections 2, 4, 6 and 7(3) to (9) and 8(3) of, and Schedule 2 to that Act do not apply to byelaws described in paragraph (2); and
b
section 236(3), (4) to (7) and (11)3 of the 1972 Act apply to byelaws described in that paragraph.
2
This paragraph applies to byelaws to which sections 235, 236 and 236B of the 1972 Act apply if before the appointed day—
a
one or more of the following steps has been taken in relation to them—
i
the legislating authority by whom the byelaws are made has given notice, pursuant to section 236(4) of the 1972 Act, of its intention to apply for confirmation of the byelaws in one or more local newspapers circulating in the area to which the byelaws are to apply; or
ii
a copy of the byelaws has been deposited, pursuant to section 236(5) of the 1972 Act, at the offices of the legislating authority by whom they are made; and
b
the confirming authority4 has not confirmed the byelaw; or
c
the confirming authority has confirmed the byelaw but the byelaw has not yet come into operation.
(This note is not part of the Order)