Local Government Byelaws (Wales) Act 2012
| Jurisdiction | Wales |
| Citation | 2012 anaw 2 |
| Year | 2012 |
(a) reforms procedures for making byelaws in Wales, including removing arequirement for confirmation of byelaws by the Welsh Ministers;(b) enables certain byelaws to be enforced by fixed penalty notices;(c) requires authorities that make byelaws to have regard to any guidance given by the Welsh Ministers on procedure;(d) restates for Wales a general power to make byelaws.for the good rule and government of the whole or any part of its area;for the prevention and suppression of nuisances in its area.is made by an Act of Parliament, Assembly Measure or Act of the Assembly;is made, or could be made, by subordinate legislation (which means legislation made by statutory instrument) .(a) a council for a county or county borough in Wales;(b) a community council;(c) a National Park authority in Wales;(d) the F9Natural Resources Body for Wales.(1) A legislating authority may make a byelaw to revoke a byelaw previously made by it.(2) But this power may be exercised only where the authority has no other power to revoke the byelaw.(1) The Welsh Ministers may by order revoke any byelaw made by a legislating authority which they conclude is obsolete.(2) Before making an order, the Welsh Ministers must consult any person (including a community council) who they think is likely to be interested in, or affected by, the revocation of the byelaw.(3) An order may make different provision for different areas, including different provision for different localities and for different authorities.(1) This section applies to byelaws made by a legislating authority under the enactments listed in Part 1 of Schedule 1, including byelaws which amend or revoke byelaws previously made by it.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;consult any person (including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue.(3) Following the consultation, the authority must consider the responses and decide whether making a byelaw is the most appropriate way of addressing the issue.the initial written statement;a summary of the consultation and the responses;its decision;the reasons for that decision.in one or more local newspapers circulating in the area to which the byelaw is to apply;on the authority's website.a draft of the byelaw is published on the authority's website;a copy of the draft is deposited at a place in the authority's area;a copy is open to public inspection at all reasonable hours without payment;where applicable, a copy is sent to all community councils whose areas the authority thinks are likely to be affected by the byelaw.(7) The authority must give a copy of the draft byelaw to any person who applies for it, subject to that person paying such reasonable fee charged by the authority (if any) .(8) An authority may not make a byelaw later than six months after the date of the notice under subsection (5) .(1) This section applies to byelaws made by a legislating authority under any enactment other than those listed in Part 1 of Schedule 1, including byelaws which amend or revoke byelaws previously made by it.a requirement to submit byelaws for confirmation;publication of a notice of intent to make the byelaw;publication of the byelaw;making copies of the byelaw available.publish on the authority's
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