The Recreation Grounds (Revocation of Parish Council Byelaws) Order 2008

Statutory Instruments

2008 No. 1285

Local Government, England

The Recreation Grounds (Revocation of Parish Council Byelaws) Order 2008

Made

8th May 2008

Laid before Parliament

20th May 2008

Coming into force

18th June 2008

It appears to the Secretary of State that the byelaws listed in the Schedule to this Order have been substantially superseded by instruments which apply to the areas to which the byelaws apply.

Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 262(8)(d) of the Local Government Act 1972(1).

Citation and commencement

1.  This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 2008 and shall come into force on 18th June 2008.

Revocation

2.  The byelaws mentioned in the left-hand column of the Schedule to this Order, made with respect to the recreation grounds named or described in the right-hand column of that Schedule, are revoked.

Signed by authority of the Secretary of State

John Healey

Minister of State

Department for Communities and Local Government

8th May 2008

SCHEDULE

Article 2

Parish Council Byelaws	Name or description of recreation ground
Byelaws made by the Parish Council of Roade on 13th January 1964.	The recreation ground at the rear of the George Public House, Roade.
Byelaws 3, 4 and 6 to 10 made by the Parish Council of Watlington on 27th May 1960.	The Recreation Ground, Watlington.
Byelaws 2 to 13, 15 to 19 and 22 made by the Parish Council of Sutton-in-Craven on 12th May 1970.	The recreation ground known as Sutton Park.
Byelaws made by the Parish Council of Kingsclere on 23rd March 1953.	Dell Recreation Ground formerly known as Kingsclere Recreation Ground

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes certain byelaws which were made with respect to the recreation grounds described in the right-hand column of the Schedule to this Order in exercise of the powers conferred on parish councils by section 8(1)(d) of the Local Government Act 1894 (56 and 57 Vict. c.73). The relevant part of section 8(1)(d) of the Local Government Act 1894 was repealed by section 272(1) of, and Schedule 30 to, the Local Government Act 1972. The byelaws continued in force, notwithstanding the repeal, by virtue of section 262(1) of the 1972 Act. The byelaws mentioned in the left-hand column of the Schedule to this Order are revoked as being substantially superseded by byelaws and orders made under other enactments.

A separate legislative regime under the Clean Neighbourhoods and Environment Act 2005 (c.16) now applies to the control of dogs on land owned by local authorities (including parish councils). Watlington and Sutton-in-Craven Parish Councils have not made dog control orders under that Act and so the Order does not revoke the existing byelaws relating to dogs (“dog byelaws”) or the byelaws required to give effect to those byelaws.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities, voluntary bodies or the public sector.

(1)

1972 c.70. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 to the Local Government Act 1972. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers.