The Byelaws (Alternative Procedure) (England) Regulations 2016

PART 4 Alternative procedure for revocation of prescribed classes of byelaws

Application of Part 4

13.  Subject to regulation 19, this Part applies in relation to byelaws of a class prescribed by regulation 3 which are made to revoke other byelaws of a class prescribed by regulation 3 (whether those other byelaws were made before, on or after the date on which these Regulations come into force) and which have no other purpose.

Revocation proposal: assessment and consultation

14.—(1) A relevant authority may prepare a scheme to make a byelaw to which this Part applies.

(2) Regulation 5(2)(a) and (b)(i), (ii), (iii) and (v) applies to the making of such a scheme.

(3) If, having prepared a scheme under paragraph (1), the relevant authority decides to propose the making of the byelaw, it must—

(a) publish a notice of that proposal on its website (if any) and in one or more local newspapers circulating in the area in which is situated the land in respect of which the byelaw, if made, will apply;

(b) publicise that notice in such other manner as it sees fit; and

(c) state the period, being not less than 28 days beginning with the publication of the notice, during which the a draft of the byelaw may be inspected and written representations made.

(4) Where the relevant authority receives any written representations within the period specified in the notice published under paragraph (3), the relevant authority must consider them before making any decision in accordance with regulation 15.

Revocation proposal: decision

15.  No later than six months after the expiration of the period specified in the notice published under regulation 14, the relevant authority must decide—

(a) to make the proposed byelaw without modification;

(b) to make the proposed byelaw with minor modification; or

(c) not to make the proposed byelaw.

Revocation: making of byelaw

16.—(1) The byelaw must be made under the common seal of the relevant authority or, in the case of a byelaw made by a parish council not having a seal, under the hands and seals of two members of the council.

(2) A byelaw made under this Part comes into force on the 30th day after that on which it is made.

Revocation: publicity after making the byelaw

17.—(1) Not less than seven days before the date on which the byelaw comes into force, the relevant authority must—

(a) deposit a copy of the byelaw at its principal office;

(b) publish on its website (if any) a notice—

(i) stating that the byelaw has been made;

(ii) specifying the date on which it comes into force; and

(iii) specifying the place at which it may be inspected and copies obtained; and

(c) publicise the byelaw in such other manner as it considers fit.

(2) The relevant authority must provide a copy of the byelaw to any person on request on payment of such reasonable charge as the relevant authority may determine.

(3) The relevant authority must remove all signs which summarise the effect of a byelaw revoked under this Part, as soon as reasonably practicable after the date on which the byelaw is revoked.

(4) Regulation 12(2) to (7) applies in relation to a byelaw made under this Part as it applies in relation to a byelaw made under Part 3.