Byelaws in the United Kingdom


In the United Kingdom, byelaws are laws of local or limited application made by local councils or other bodies, using powers granted by an Act of Parliament, and so are a form of delegated legislation. Some byelaws are made by private companies or charities that exercise public or semi-public functions, such as airport operators, water companies or the National Trust.
At present, because byelaws create criminal offences that can be prosecuted in magistrates' courts or Justice of the Peace Courts in Scotland, they must be approved by central government before they can come into force. However, there are plans to make offences against byelaws punishable through the use of fixed penalty notices, and to remove the need for local council byelaws to be centrally approved.
Local council byelaws are generally restricted in scope to a particular place, for example a park, or a particular class of activities, such as amusement arcades or the employment of children. Byelaws made by public transport companies are limited to the transport facilities operated by the organisation making the byelaw.

Making of byelaws

At present, byelaws are made by the local council or other body, but do not come into force until they have been approved by the relevant government department. After the byelaws have been made, but before they can be confirmed, an advertisement has to be placed in a local newspaper announcing that the byelaws have been made, stating where a copy can be inspected and inviting any objections to be made to the Government department. One month after the byelaws were made, the council then applies to the Government department for the byelaws to be approved. The government department, at the same time as confirming the byelaws, also sets the date that they will come into force.
Because they only apply to limited areas or facilities, byelaws are generally not made by Statutory Instrument.

Enforcement of byelaws

Breaches of byelaws are prosecuted in a magistrates' court or Justice of the Peace Courts in Scotland. The punishment is a fine, the maximum being generally between £500 and £2,500.

Proposed changes to the making and enforcing of byelaws

In 2006, the then Office of the Deputy Prime Minister consulted on changes to how some byelaws are made and approved by central government, and how they are enforced. As a result, the Local Government and Public Involvement in Health Act 2007 included provision for the government to implement alternative arrangements for making byelaws, and for their enforcement through the issue of fixed penalty notices.
A further consultation took place in 2008 concerning the specific byelaws to be affected by the changes, and the new procedures for making byelaws and issuing Penalty Notices.
The 2008 consultation document stated that some byelaws would continue to need to be confirmed by the government. These include those byelaws made by private companies, and those likely to be controversial, for example concerning fisheries.
The power to issue fixed penalties would be granted to police community support officers and also to suitably trained officers appointed by local councils, including parish councils and community councils.

Local council byelaws

have powers to make byelaws under various Acts of Parliament. The power to make byelaws "for the good rule and government" of their area, granted by the Local Government Act 1972, appears to be very sweeping, however this power is greatly limited by the restriction that it cannot be used in connection with anything already covered under other legislation.
Other Acts grant powers to make byelaws relating to various aspects of public recreation, the management of markets, controlling the employment of children, ensuring hygiene in certain types of business and behaviour in public libraries.
Following the election of the Conservative-Liberal Democrat Coalition Government in 2010, it has been suggested that councils may be permitted to use byelaws to improve public health, by imposing local minimum prices for alcohol, limiting promotions associated with fast food or making films depicting smoking automatically 18 rated. In Wales, local council byelaws do not need to be confirmed by central government since the Local Government Byelaws Act 2012.
Act granting power to make byelawsGeneral description of powerTypical matters covered by the byelaws
Section 235, Local Government Act 1972Good rule and government, and the prevention of nuisancesClimbing on bridges, skateboarding, riding on verges, playing games on or near highways, fairground attractions causing obstructions, touting, urinating or defecating in public, interfering with life-saving equipment or road signs.
Section 164, Public Health Act 1875Regulation of public walks and pleasure groundsClimbing, grazing of animals, camping, fires, throwing of missiles, interference with life-saving equipment, horse-riding, cycling, vehicles, play areas, skateboarding, ball-games and other sports, bathing, ice-skating, fishing, model boats, aircraft and hot air balloons, kites, model aircraft, public performances, excessive noise, metal detectors, offering items for sale and protection of plants.
Sections 12 and 15, Open Spaces Act 1906Regulation of open spaces and burial grounds
Section 82, Public Health Acts Amendment Act 1907Regulating use of the seashoreFishing, bait digging, horse-riding, games, public performances, fires, parties, aircraft, kites, unauthorised structures, offering items for sale and interference with life-saving equipment, signs or flags
Section 83, Public Health Acts Amendment Act 1907Regulating use of promenadesCycling, vehicles, skate-boarding, kites, unauthorised structures, offering items for sale and interference with life-saving equipment, signs or flags.
Section 231, Public Health Act 1936Regulating public bathingTimes and places, use of huts and tents, bathing costumes, life-saving appliances, and use of pleasure boats within areas allotted for public bathing.
Section 76, Public Health Act 1961Regulating seaside pleasure boatsPersonal watercraft and waterskiing including speed, navigation and noise
Section 185, Local Government, Planning and Land Act 1980Regulating hired pleasure boatsNumbering and naming, and qualifications and behaviour of boatmen in charge
Section 223, Public Health Act 1936Regulating public swimming pools
Section 6, Food Act 1984Regulating marketsOpening hours, allocation of pitches, maintaining cleanliness, preventing obstruction, use of water taps, prevention of fires, and ensuring adequate space for penned animals.
Section 75, Public Health Act 1961, as amended by section 22, Local Government Act 1976Regulating amusement premises and pleasure fairsOpening hours, restricting noise, fire safety and prevention, adequate supervision and excluding drunks and prostitutes.
Section 77. Public Health Act 1961, as amended by section 22, Local Government Act 1976Regulating hairdressers and barbersCleanliness of premises, tools and personnel.
Section 198, Public Health Act 1936Regulating public mortuaries and post-mortem roomsManagement and charges for use
Section 19, Public Libraries and Museums Act 1964Regulating use of librariesCleanliness of library users, dogs, disorderly behaviour, sleeping, noise, supervision of children, offering items for sale, eating and drinking, mobile phones, radios.
Part VIII, Local Government Act 1982 as amended by Local Government Act 2003. and London Local Authorities Act 1991 and the Greater London Council Act 1981Hygiene and cleanliness of acupuncture services and businesses providing tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysisCleanliness of premises, equipment and operators.
Sections 18 and 20, Children and Young Persons Act 1933Restrictions on employment of childrenAges at which children may be employed, the types of work they may do, hours of work, and street trading.

Countryside byelaws

Byelaws concerning the behaviour of the public in the countryside are limited to defined areas, and might be made by a local council, a national park authority, or other bodies established by statute specifically to look after a particular area.
Act granting power to make byelawsByelaw-making bodyGeneral description of powerTypical matters covered by the byelaws
Sections 20, 21 and 106 of the National Parks and Access to the Countryside Act 1949Local councils and English Nature / Scottish Natural Heritage / Countryside Council for WalesLocal nature reservesRestriction of access; catching, disturbing, injuring or killing animals or eggs, pupae or larvae; damaging plants; introducing any animals, eggs, plants or seeds that may reproduce, hatch, propagate or germinate; grazing; pollution of water; bathing, water-skiing, ice-skating, sailing boats or model boats; obstructing watercourses; vehicles and aircraft; electronic equipment, firearms, kites, model aircraft; fires; camping; shutting of gates.
Sections 20, National Parks and Access to the Countryside Act 1949, and Section 28R, Wildlife and Countryside Act 1981English Nature / Scottish Natural Heritage / Countryside Council for WalesSites of Special Scientific Interest
Section 17, Countryside and Rights of Way Act 2000National park authority or local councilAccess landPreservation of order, prevention of damage to the land and avoiding interference with the enjoyment of the land by others
Sections 90 and 91, National Parks and Access to the Countryside Act 1949Local councilsNational Parks and Areas of Outstanding Natural Beauty
Section 129 to 133, Marine and Coastal Access Act 2009Marine Management OrganisationInshore waters Protecting marine conservation zones
Green Belt Act 1938Countryside
Section 41, Countryside Act 1968Local councilsCountry Parks and Picnic SitesPreservation of order, prevention of damage to the land, avoiding interference with the enjoyment of the land by others, regulating sailing on waterways and make charges for the registration of boats
Section 28, Lee Valley Regional Park Act 1966Lee Valley Regional Park AuthorityPreservation of order, prevention of damage to the land, regulating use of the land and navigation on waterways, control of dogs, and preventing the outbreak or spread of fire within the Lee Valley Park
London Act 1990
Section 46, Forestry Act 1967Forestry CommissionForestry Commission lands and plantationsPreservation of trees and timber, protection of the land and regulating the reasonable use of the land by the public
Section 25, New Forest Act 1877 and section 9. New Forest Act 1949Verderers of the New ForestThe New Forest
Section 36, Epping Forest Act 1878Common Council of the City of London as the Epping Forest ConservatorsEpping Forest
Section 19, Ashdown Forest Act 1974Ashdown Forest ConservatorsAshdown Forest
Section 84, Wimbledon and Putney Common Act 1871Wimbledon and Putney Commons ConservatorsWimbledon and Putney Commons
Section 6, Metropolitan Commons Act 1866Local councilsCommons and town and village greens
Section 15, Commons Act 1876The majority in value of owners of rights of pastureCommon landPrevention of or protection from nuisances or for keeping order on the regulated pasture, and for general management, occupation, and enjoyment of the regulated pasture
Section 10, Commons Act 1899 Local councilsCommon landPrevention of nuisances and the preservation of order on a Common, including protection of plants and animals, fires, control of dogs, grazing of animals, erection of structures, offering items for sale, use of firearms and throwing of missiles, vehicles, aircraft, horse-riding, bathing, and obstructing or annoying others.
Section 11, Dartmoor Commons Act 1985Devon County Council as Dartmoor National Park AuthorityDartmoor National Park
Section 25, River Cam Conservancy Act 1922River Cam ConservatorsRiver CamLicensing of vessels, all aspects of navigation, races and regattas, mooring, use of locks, prevention of nuisances, bathing, etc.
Malvern Hills Acts 1884 to 1995Malvern Hills ConservatorsMalvern Hills
Sections 12 and 13, Countryside Act 1968Local councilsFacilities provided for the enjoyment of the sea or waterways adjoining a National Park
Section 10 and Section 10 and paragraph 4 of Schedule 5, Norfolk and Suffolk Broads Act 1988The Broads AuthorityThe Norfolk and Suffolk Broads National ParkAll aspects of navigation including speed; also water-skiing
Section 157, Water Industry Act 1991Water companiesReservoirs and Water Parks
Schedule 25, Water Resources Act 1991 and section 66, Land Drainage Act 1991Environment Agency, local councils and internal drainage boardsInternal drainageControl of sluices, diversion or stopping up of watercourses, introduction of water to courses, fishing, fires, vegetation, vermin, protection of banks, dredging, navigation of vessels.
Section 5 of the Sea Fisheries Regulation Act 1966Fisheries CommitteesSea FisheriesRestricting or prohibiting fishing for all or any specified kinds of sea fish during any period, methods of fishing, equipment used, and regulating shellfish and oyster cultivation. Note: This provision is to be repealed on the coming into force of the relevant sections of the Marine and Coastal Access Act 2009
Sections 155-162 of the Marine and Coastal Access Act 2009Inshore fisheries and conservation authoritiesSea FisheriesProhibiting or restricting exploitation of sea fisheries resources, protection of fisheries for shellfish, monitoring of exploitation of resources, regulating fisheries through the issue of permits, prohibiting or restricting specific vessels, methods orgear
Schedule 25, Water Resources Act 1991Environment AgencyInland waterwaysPreservation of order, prevention of damage to the waterway or land, avoiding interference with the enjoyment of the waterway or land by others; boating; pollution; flood defence and drainage; salmon, trout, freshwater and eel fisheries; conservation of the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas, or of any features of archaeological or historic interest, and the conservation of flora or fauna that depend on, or associated with, a marine or coastal, or aquatic or waterside, environment.
National Trust Acts 1907 to 2005National Trust and National Trust for ScotlandNational Trust land

Transport byelaws

A variety of Acts grant powers to make byelaws regulating conduct on public transport. The power to make byelaws is usually granted to the public transport operator, which is sometimes a private company.
Act granting power to make byelawsByelaw-making bodyGeneral description of powerTypical matters covered by the byelaws
Section 35, Highways Act 1980Local council WalkwaysConduct of the public, closing times, placement of structures.
Section 68, Town Police Clauses Act 1847Local councilsTaxis Conduct of drivers and proprietors, and fares
Section 6, Town Police Clauses Act 1889Local councilsHorse drawn omnibuses
Section 219, Transport Act 2000Strategic Rail AuthorityNational railways
Paragraph 26 of Schedule 11, Greater London Authority Act 1999Transport for LondonTransport for London's railways and railway premisesRegulating the use, and working of, and travel and behaviour of passengers
Paragraph 27 of Schedule 11, Greater London Authority Act 1999Transport for LondonRegulating the use of any landing place vested in or operated by Transport for London.
Section 25, London Transport Act 1969Transport for LondonTransport for London's road transport garages, depots, bus stations, shelters, other premises and approaches.Regulating the use and working of, and behaviour of passengers
Section 46, Croydon Tramlink Act 1994Croydon Tramlink premises and facilities.Regulating the use and working of, and travel and behaviour of passengers
Section 59, Leeds Supertram Act 1993Leeds SupertramRegulating behaviour on various local light railways and tramways.
Section 62, Greater Nottingham Light Rapid Transit Act 1994Regulating behaviour on various local light railways and tramways.
section 67, Transport Act 1962 as amended by section 37, Transport Act 1981 and paragraph 2 of Schedule 4 to London Regional Transport Act 1984
Local Acts and Transport and Works Act OrdersOther guided transport systems e.g. tramways and light rapid transit systems
London County Council Act 1938Blackwall Tunnels and their approaches.
Section 54, Thames Tunnel Act 1900Rotherhithe Tunnel
Section 102, County of Merseyside Act 1980 as amended by the Mersey Tunnels Order 1986Merseyside Passenger Transport AuthorityMersey Tunnels
Section 23, Metropolitan Board of Works Act 1885Transport for LondonWoolwich FerryRegulating the use and working of, and behaviour on, the Ferry
Section 18, Harbours, Docks and Piers Clauses Act 1847, and Harbour Revision Orders and local Acts and OrdersHarbour authorities, which can be local councils or private companiesPorts and harboursNavigation, mooring, handling of goods, road and rail traffic, interference with life-saving equipment, water sports, bathing and diving, fishing, skateboarding
Sections 63 and Schedule 3, Airports Act 1986Airport operators, who can be public bodies or private companiesAirportsSafety of aircraft, vehicles and people, controlling operation of aircraft, controlling vehicles not on public roads including regulating speed and parking, regulating taxis, restricting access to parts of the airport, preserving order, and safe custody of lost property.
British Transport Commission Act 1954, British Waterways Acts 1971 and 1975British WaterwaysCanalsLicensing of vessels, all aspects of navigation, mooring, use of locks, prevention of nuisances, bathing, etc.

Military lands byelaws

The Secretary of State for Defence has powers under section 14 of the Military Lands Act 1892 to make byelaws regulating access to Ministry of Defence lands, including their use by the public for recreation. Since 2004, the Ministry of Defence is reviewing all of its byelaws. Unlike most other byelaws, military lands byelaws are made by Statutory Instrument.