The Local Government Byelaws (Wales) Act 2012 (Commencement No. 2, Transitional Provisions and Savings) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 22(2) and (3) of the Local Government Byelaws (Wales) Act 2012 (“the 2012 Act”). It is the second commencement order to be made under the 2012 Act.

Article 2 of the Order provides that 31 March 2015 is the appointed day for the bringing into force of the provisions of the 2012 Act set out in that article and referred to below:

• section 1 (overview);

• section 2 (byelaws for good rule and government and suppression of nuisances);

• section 3 (meaning of “legislating authority”);

• section 4 (revocation by a legislating authority);

• section 5 (revocation by the Welsh Ministers);

• section 6 (byelaws not requiring confirmation) and Part 1 of Schedule 1;

• section 7 (byelaws requiring confirmation);

• section 8 (formalities, commencement and publication of byelaws);

• section 10 (offences against byelaws);

• section 11 (section 2 byelaws; powers of seizure etc);

• section 12 (power to offer fixed penalties for offences against certain byelaws) in so far as it is not already commenced and Part 2 of Schedule 1;

• section 13 (amount of fixed penalty) in so far as it is not already commenced;

• section 14 (power to require name and address in connection with fixed penalty);

• section 15 (use of fixed penalty receipts);

• section 17 (Community Support Officers etc);

• section 18 (guidance) in so far as it is not already commenced;

• section 19 (evidence of byelaws); and

• section 20 (consequential amendments) and Schedule 2 but not paragraph 9(4) of that Schedule.

Article 3 makes transitional provisions and savings in respect of byelaws in relation to which one or more of the steps described in article 3(2)(a) have been taken before the appointed day.

Sections 18(1) (guidance), 21 (orders and regulations), 22 (commencement), and 23 (short title) of the 2012 Act came into force on 30 November 2012.

The following provisions of the 2012 Act have been brought into force in relation to Wales by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I. No.
section 9 (power to amend Part 1 of Schedule 1 to the 2012 Act)	15 August 2014	S.I. 2014/2121 (W. 207)
section 12(13) (power to make regulations to prescribe conditions to be satisfied by a person before a community council may authorise the person to give fixed penalty notices under the 2012 Act)	15 August 2014	S.I. 2014/2121 (W. 207)
section 13(3) (power to make regulations in connection with the amount of fixed penalties)	15 August 2014	S.I. 2014/2121 (W. 207)
section 13(4) (power to require the amount of a fixed penalty to fall within a prescribed range and to restrict the extent to which, and the circumstances in which, an authority can make provision under section 13(1)(b) of the 2012 Act)	15 August 2014	S.I. 2014/2121 (W. 207)
section 16 (power to amend Part 2 of Schedule 1 to the 2012 Act)	15 August 2014	S.I. 2014/2121 (W. 207)