4Saving for byelaws

1

Nothing in the provisions of section one or section two of this Act or section sixty-six of the London County Council (General Powers) Act, 1937, shall affect any byelaw or power to make byelaws, and in particular no byelaw shall be held to be void for repugnancy on the ground that it prohibits or restricts an activity permitted by any of those provisions; and accordingly the said provisions shall not be included in the references to any enactment in subsection (4) of section two hundred and forty-nine of the [23 & 24 Geo. 5. c. 51.] Local Government Act, 1933, subsection (5) of section three hundred of the [10 & 11 Geo. 6. c. 43.] Local Government (Scotland) Act, 1947, and subsection (4) of section one hundred and forty-six of the [2 & 3 Geo. 6. c. 40.] London Government Act, 1939 (which provide that where, by or under any enactment, provision is made for the summary prevention and suppression of a nuisance in any area, the power conferred by those sections to make byelaws for the area with respect to that nuisance shall not be exercisable).

2

In the said section sixty-six, paragraph (b) of subsection (4) (which provides that nothing in that section shall affect the power to make byelaws conferred by the said section one hundred and forty-six) and the word " or" immediately preceding that paragraph are hereby repealed.