The Byelaws (Alternative Procedure) (England) Regulations 2016

Byelaw proposal: application for approval

6.—(1) A relevant authority may apply to the Secretary of State for approval of a scheme which has been prepared in accordance with regulation 5.

(2) An application under paragraph (1) must contain—

(a) the draft byelaw prepared under regulation 5(2)(a);

(b) the statement prepared under regulation 5(2)(c);

(c) a report—

(i) identifying the enactment under which the byelaw is proposed to be made;

(ii) confirming that the procedure for making the byelaw is that specified in these Regulations;

(iii) as to the purpose of and need for the byelaw, which must include, but need not be limited to the relevant matters;

(iv) the relevant authority’s reasons for considering that the byelaw is reasonable in its proposed application, which must include, but need not be limited to why any sanction specified in the proposed byelaw is necessary and proportionate;

(v) explaining the extent (if any) to which any other enactment already fulfils the purpose identified under paragraph (iii);

(vi) where an enactment has been identified under paragraph (v), explaining why, notwithstanding that enactment, the relevant authority believes there is a need for the byelaw;

(vii) where paragraph (v) does not apply, that the byelaw does not conflict with any existing enactments;

(viii) as to whether the relevant authority has revoked or is revoking any byelaw;

(ix) as to whether the relevant authority intends to make use of any model byelaw and if so what (if any) adjustments to the model byelaw are proposed and confirmation that the relevant authority has followed the guidance accompanying the model byelaw;

(x) identifying, by reference to a map where necessary, the land to which the byelaw, if made, will apply;

(xi) of the extent of the consultation that has been undertaken and the result of that consultation; and

(xii) summarising any objections made in response to that consultation and the relevant authority’s response to such objections, to include copies of all correspondence dealing with such objections.

(3) In this regulation—

“model byelaw” means a draft byelaw—

(a)

published by the Department for Communities and Local Government(1); and

(b)

which, at the time of its use by a relevant authority, the Department continues to promote, whether in the terms originally published or in terms substantially to the same effect; and

“relevant matters” means—

(a)

the objective which the proposed byelaw is intended to address;

(b)

the extent of such objective including its geographical extent;

(c)

the measures, if any, the relevant authority has taken to address the objective;

(d)

the relevant authority’s reasons for considering why the proposed byelaw fulfils the necessary objective;

(e)

confirmation that the proposed byelaw is not solely intended to protect persons from the consequences of their own action.

(1)

Model Byelaws were published by the Department for Communities and Local Government on 8th February 2013; they are available at https://www.gov.uk/government/collections/model-byelaws or from the Byelaws Team, DCLG, 2 Marsham Street, London SW1P 4DF.