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Reform history

Local Government Byelaws (Wales) Act 2012

9 versions · 2024-09-13

2018-05-08

Local Government Byelaws (Wales) Act 2012

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2017-01-31

Local Government Byelaws (Wales) Act 2012

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2016-05-21

Local Government Byelaws (Wales) Act 2012

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2015-03-31

Local Government Byelaws (Wales) Act 2012

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2014-11-19

Local Government Byelaws (Wales) Act 2012

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2014-08-15

Local Government Byelaws (Wales) Act 2012

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2013-09-30

Local Government Byelaws (Wales) Act 2012

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2012-11-30

Local Government Byelaws (Wales) Act 2012

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Changes on 2012-11-30

@@ -80,7 +80,7 @@

- (2) Before it makes a byelaw, an authority must –

- (a) publish on the authority’s website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw;

- (a) publish on the authority's website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw;

- (b) consult any person (including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue.

@@ -100,13 +100,13 @@

- (a) in one or more local newspapers circulating in the area to which the byelaw is to apply;

- (b) on the authority’s website.

- (b) on the authority's website.

- (6) For at least six weeks before making the byelaw, the authority must ensure that –

- (a) a draft of the byelaw is published on the authority’s website;

- (b) a copy of the draft is deposited at a place in the authority’s area;

- (a) a draft of the byelaw is published on the authority's website;

- (b) a copy of the draft is deposited at a place in the authority's area;

- (c) a copy is open to public inspection at all reasonable hours without payment;

@@ -134,7 +134,7 @@

- (3) Before it makes a byelaw to which this section applies, an authority must –

- (a) publish on the authority’s website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw;

- (a) publish on the authority's website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw;

- (b) consult any person (including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue.

@@ -152,17 +152,17 @@

- (6) Byelaws made by the legislating authority must be submitted to the confirming authority and do not have effect unless and until they are confirmed by the confirming authority.

- (7) At least six weeks before the byelaw is submitted for confirmation, notice of the legislating authority’s intention to to do so must be published –

- (7) At least six weeks before the byelaw is submitted for confirmation, notice of the legislating authority's intention to to do so must be published –

- (a) in one or more local newspapers circulating in the area to which the byelaw is to apply;

- (b) on the authority’s website.

- (b) on the authority's website.

- (8) For at least six weeks before the byelaw is submitted for confirmation, the legislating authority must ensure that –

- (a) the byelaw is published on the authority’s website;

- (b) a copy of the byelaw is deposited at a place in the authority’s area (and, in the case of a byelaw made by the Countryside Council for Wales under the National Parks and Access to the Countryside Act 1949, at a place in the area of each council of a county or county borough to whose area the byelaw applies);

- (a) the byelaw is published on the authority's website;

- (b) a copy of the byelaw is deposited at a place in the authority's area (and, in the case of a byelaw made by the Countryside Council for Wales under the National Parks and Access to the Countryside Act 1949, at a place in the area of each council of a county or county borough to whose area the byelaw applies);

- (c) where applicable, a copy is sent to all community councils whose area the authority thinks is likely to be affected by the byelaw;

@@ -200,9 +200,9 @@

- (5) The legislating authority which makes the byelaw must –

- (a) publish the byelaw on the authority’s website when made, or if it requires confirmation, when confirmed;

- (b) deposit a copy of the byelaw at a place in the authority’s area;

- (a) publish the byelaw on the authority's website when made, or if it requires confirmation, when confirmed;

- (b) deposit a copy of the byelaw at a place in the authority's area;

- (c) ensure that the copy is open to public inspection at all reasonable hours without payment;

@@ -266,7 +266,7 @@

- (a) the seizure and retention of any property in connection with any contravention of the byelaw, and

- (b) the forfeiture of any such property on a person’s conviction of an offence of contravention of the byelaw.

- (b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.

### Fixed penalty notices

@@ -314,9 +314,9 @@

- (12) In this section –

- “authorised officer”, in relation to an authority, means – an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section, any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, and any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

- “chief finance officer”, in relation to an authority, means the person having responsibility for the financial affairs of the authority.

- “*authorised officer*”, in relation to an authority, means –an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section,any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, andany employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

- “*chief finance officer*”, in relation to an authority, means the person having responsibility for the financial affairs of the authority.

- (13) The Welsh Ministers may by regulations prescribe conditions to be satisfied by a person before a community council may authorise the person in writing for the purpose of giving notices under this section.

@@ -356,7 +356,7 @@

- (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

- (4) In this section, “authorised officer” has the same meaning as in section 12.

- (4) In this section, “*authorised officer*” has the same meaning as in section 12.

#### Use of fixed penalty receipts

@@ -364,7 +364,7 @@

- (1) The authority must have regard to the desirability of using its fixed penalty receipts for the purpose of combating a nuisance for the prevention of which a byelaw was made by the authority.

- (2) “Fixed penalty receipts” means amounts paid to an authority in pursuance of notices under section 12.

- (2) “*Fixed penalty receipts*” means amounts paid to an authority in pursuance of notices under section 12.

#### Power to amend Part 2 of Schedule 1

@@ -380,15 +380,15 @@

- (2) In Schedule 4 (powers exercised by police civilians) –

- (a) in paragraph 1ZA(3) after “1972” insert “or under section 12 of the Local Government Byelaws (Wales) Act 2012”;

- (b) in paragraph 1ZA(5)(a) after “1972” insert “or to which section 12 of the Local Government Byelaws (Wales) Act 2012 applies”.

- (a) in paragraph 1ZA(3) after “1972” insert “ or under section 12 of the Local Government Byelaws (Wales) Act 2012 ”;

- (b) in paragraph 1ZA(5)(a) after “1972” insert “ or to which section 12 of the Local Government Byelaws (Wales) Act 2012 applies ”.

- (3) In Schedule 5 (powers exercised by accredited persons) –

- (a) in paragraph 1A(3) after “1972” insert “or under section 12 of the Local Government Byelaws (Wales) Act 2012”;

- (b) iin paragraph 1A(5)(a) after “1972” insert “or to which section 12 of the Local Government Byelaws (Wales) Act 2012”.

- (a) in paragraph 1A(3) after “1972” insert “ or under section 12 of the Local Government Byelaws (Wales) Act 2012 ”;

- (b) in paragraph 1A(5)(a) after “1972” insert “ or to which section 12 of the Local Government Byelaws (Wales) Act 2012 applies ”.

### Miscellaneous and general

@@ -492,39 +492,6 @@

- (c) by the type of authority listed in the third column of table 1.

| ***Enactment under which byelaws are made*** | ***Subject-matter of byelaws*** | ***Type of authority by whom the byelaws are made*** |

| --- | --- | --- |

| Section 68 of the Town Police Clauses Act 1847 | Regulation of hackney carriages | County council and county borough council |

| Section 164 of the Public Health Act 1875 | Public walks and pleasure grounds | County council, county borough council and community council |

| Section 6 of the Town Police Clauses Act 1889 | Regulation of horse drawn omnibuses | County council and county borough council |

| Sections 12 and 15 of the Open Spaces Act 1906 | Open spaces and burial grounds | County council, county borough council and community council |

| Section 82 of the Public Health Acts Amendment Act 1907 | Sea-shore | County council and county borough council |

| Section 83 of the Public Health Acts Amendment Act 1907 | Promenades | County council and county borough council |

| Section 81 of the Public Health Act 1936 | Prevention of certain nuisances | County council and county borough council |

| Section 82 of the Public Health Act 1936 | Removal through streets of offensive matter or liquid | County council and county borough council |

| Section 87 of the Public Health Act 1936 | Provision of public conveniences | County council, county borough council and community council |

| Section 198 of the Public Health Act 1936 | Provision of mortuaries and post-mortem rooms | County council, county borough council and community council |

| Section 223 of the Public Health Act 1936 | Regulation of baths, washhouses, swimming baths etc | County council, county borough council and community council |

| Section 231 of the Public Health Act 1936 | Public bathing | County council, county borough council and community council |

| Section 233 of the Public Health Act 1936 | With respect to swimming baths and bathing pools not under the management of a local authority | County council, county borough council and community council |

| Section 268 of the Public Health Act 1936 | Prevention of nuisances in connection with the use of tents, vans etc | County council and county borough council |

| Section 270 of the Public Health Act 1936 | Accommodation of hop-pickers and persons engaged in similar work | County council and county borough council |

| Section 75 of the Public Health Act 1961 | Pleasure fairs and roller skating rinks | County council and county borough council |

| Section 76 of the Public Health Act 1961 | Seaside pleasure boats | County council and county borough council |

| Section 77 of the Public Health Act 1961 | Hairdressers and barbers | County council and county borough council |

| Section 19 of the Public Libraries and Museums Act 1964 | Regulating the conduct of persons in libraries and museums and the use of those facilities | County council and county borough council |

| Section 35 of the Highways Act 1980 | Regulation of walkways | County council and county borough council |

| Section 114 of the Highways Act 1980 | Conduct of persons using or entering public conveniences provided by highway authorities | County council and county borough council |

| Section 14 of the Local Government (Miscellaneous Provisions) Act 1982 | Acupuncture | County council and county borough council |

| Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 | Tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis | County council and county borough council |

| Section 60 of the Food Act 1984 | Regulation and prevention of nuisances in market places | County council, county borough council and community council |

| Section 31 of the Road Traffic Regulation Act 1984 | Use of a road as a playground for children | County council and county borough council |

| Section 57(7) of the Road Traffic Regulation Act 1984 | Use of parking places | Community council |

| Section 23 of the Housing Act 1985 | Management, use and regulation of local authority houses, the use of land provided in connection with housing and as respects local authority lodging houses | County council and county borough council |

| Section 16 of the Cardiff Bay Barrage Act 1993 | Good rule and government of inland bay and harbour | County council (Cardiff) |

| Section 2 of this Act | Good rule and government | County council and county borough council |

| Section 4(1) of this Act in so far as it applies to byelaws made under any of the enactments listed in Part 1 of Schedule 1 | Power to revoke byelaws | Legislating authority |

## PART 2 — BYELAWS IN RELATION TO WHICH FIXED PENALTIES MAY BE ISSUED

##### 2

@@ -537,47 +504,13 @@

- (c) by the type of authority listed in the third column of table 2.

| ***Enactment under which byelaws are made*** | ***Subject-matter of byelaws*** | ***Type of authority by whom the byelaws are made*** |

| --- | --- | --- |

| Section 68 of the Town Police Clauses Act 1847 | Regulation of hackney carriages | County council and county borough council |

| Section 164 of the Public Health Act 1875 | Public walks and pleasure grounds | County council, county borough council and community council |

| Section 6 of the Town Police Clauses Act 1889 | Regulation of horse drawn omnibuses | County council and county borough council |

| Sections 12 and 15 of the Open Spaces Act 1906 | Open spaces and burial grounds | County council, county borough council and community council |

| Section 82 of the Public Health Acts Amendment Act 1907 | Sea-shore | County council and county borough council |

| Section 83 of the Public Health Acts Amendment Act 1907 | Promenades | County council and county borough council |

| Section 18 of the Children and Young Persons Act 1933 | Restrictions on employment of children | County council and county borough council |

| Section 20 of the Children and Young Persons Act 1933 | Restrictions on the engagement or employment of children in street trading | County council and county borough council |