Part 6Byelaws

I1134Revocation of byelaws

After section 236A of the Local Government Act 1972 (inserted by section 129) insert—

236BRevocation of byelaws

1

This section applies to—

a

a local authority;

b

the Greater London Authority;

c

Transport for London;

d

a metropolitan county passenger transport authority.

2

Such an authority may make a byelaw under this section to revoke a byelaw made by the authority.

3

The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw.

4

The confirming authority in relation to a byelaw made under this section shall be—

a

in relation to a byelaw made by a local authority in Wales, the Welsh Ministers;

b

in relation to any other byelaw, the Secretary of State.

5

The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary.

6

The Welsh Ministers may, in relation to Wales, by order revoke any byelaw which appears to them to have become spent, obsolete or unnecessary.

7

An order under this section may make—

a

such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and

b

different provision for different areas, including different provision for different localities and for different authorities.

8

A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

9

Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

10

A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Welsh Ministers unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

Otherwise, a statutory instrument containing an order made by the Welsh Ministers under this section shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.