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National Parks and Access to the Countryside Act 1949
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106 Supplementary provisions as to byelaws. U.K.
(1)[F1Sections 236 to 238 of the M1Local Government Act 1972] shall apply to all byelaws under this Act as if any authority having power to make them were a local authority within the meaning of the said Act of [F11972] so however, that in relation to byelaws made by [F2the appropriate conservation body][F3(as defined in section 15A of this Act)] the said sections shall apply subject to such adaptations as may be prescribed by regulations made by the Secretary of State.
(2)In relation to byelaws made under this Act the confirming authority for the purposes of the said [F1section 236] shall be the Secretary of State.
(3)Any authority having power under this Act to make byelaws shall have power to enforce byelaws made by them.
(4)The following provisions shall have effect in the application of this section to Scotland:—
(a)for references to [F1the M2Local Government Act 1972 and to sections 236 to 238] thereof there shall be substituted references to the Local Government (Scotland) Act M3[F41973, and to sections 201 to 204] thereof; and
(b)nothing in the last foregoing subsection shall be construed as authorising any such authority as is mentioned therein to institute proceedings in Scotland for an offence.
[F5(5)This section does not apply to byelaws made under this Act by the [F6Natural Resources Body for Wales] .]
Subordinate Legislation Made
P1S. 106: for previous exercises of this power, see Index to Government Orders
Textual Amendments
F1Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)
F2Words in s. 106(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 15(h); S.I. 2006/2541, art. 2 (with Sch.)
F3Words in s. 106(1) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 1(5); S.I. 1991/685, art.3
F4Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 105
F5S. 106(5) inserted (W.) (31.3.2015) by Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 5(2); S.I. 2015/1025, art. 2(r) (with art. 3)
F6Words in s. 106(5) substituted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(g), Sch. 2 para. 28(2)
Modifications etc. (not altering text)
C1S. 106 extended by Wildlife and Countryside Act 1981 (c. 69, SIF 81:1), s. 272(2)
s. 106 applied (30.1.2001) by 1981 c. 69, s. 28R(2)(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1)
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