Guidance

Making, amending, and revoking countryside recreation byelaws  

Updated 3 January 2024

Applies to England

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This publication is available at https://www.gov.uk/government/publications/countryside-recreation-byelaws-making-amending-and-revoking/making-amending-and-revoking-countryside-recreation-byelaws

Byelaws are local laws made to resolve an issue in a specific local area. For example, a byelaw passed by Suffolk County Council would only apply to the county of Suffolk. They are usually made and confirmed as set out in section 236 of the Local Government Act 1972 (LGA 1972).  

Anyone who breaks a byelaw may be fined.  

Section 235 of the LGA 1972 gives powers to local authorities and organisations to make byelaws to address local concerns. These are approved by the Secretary of State for the relevant government department.  The approval is known as confirmation. 

Countryside byelaws 

The Department for Environment Food and Rural Affairs (Defra) is responsible for confirming byelaws in the countryside for: 

  • commons, towns, and village greens  
  • National Parks and National Landscapes  
  • country parks and picnic sites  

For a more comprehensive list, see the section ‘Byelaws Defra is responsible for’ at the end of this guidance.   

Local nature reserves 

For guidance on making byelaws related to local nature reserves (LNRs) see Local nature reserves: setting up and management. 

Sites of Special Scientific Interest 

This guidance does not cover byelaw making for Sites of Special Scientific Interest (SSSIs). For help with SSSI byelaws, contact Natural England at protectedsites@naturalengland.org.uk. 

When to consider making a byelaw 

Authorities should only use their byelaw making powers if:   

  • the issue cannot be addressed by existing legislation or regulations  
  • other measures, such as putting up signs, have been tried without success 
  • they are reasonable and proportionate  

You should consider the impact on the environment, and the effect of making a byelaw as against taking no action.   

Byelaws should not be used as a deterrent where there is no existing issue to address.  

Making a new byelaw: step by step  

Follow these steps to help avoid delays getting confirmation. 

Step 1: Draft the proposed byelaw   

Decide whether you need to consider other legislation such as the Equality Act 2010, before you start. 

Prepare a draft using one of Defra’s model templates that you can adapt to your own byelaw.

The templates will help you make byelaws that are clear and consistent nationally, and not in conflict with existing legislation.  

Where existing byelaws are being replaced, a revoking clause should be included. 

Step 2: Consult on the draft byelaws  

It’s good practice to seek the views of the local community at this early stage. Defra recommends you consult with residents, special interest groups, Natural England and the police to help ensure the proposed byelaw is reasonable and proportionate. 

Byelaws are more likely to be followed if they are easy to understand and have the support of the local community.  

Step 3: Seek provisional approval from Defra 

It’s strongly recommended you submit your draft byelaw to Defra for provisional approval. Submitting for provisional approval allows for feedback and improvements at an early stage, and can avoid delays further down the line. 

However, provisional approval does not guarantee final confirmation.   

Submitting your byelaw for provisional approval  

Complete the Byelaw countryside application form (PDF) and email it to accessheoteam@defra.gov.uk with a copy of any current byelaws and a map or plan of the area. 

The map or plan must show:   

  • the area where the byelaw will apply clearly defined in red 
  • names of any adjacent streets   
  • footpaths, areas of water and any other distinguishing features clearly defined in different colours  

Step 4: Seal the byelaw 

Under section 236 (3) of the LGA 1972, once an authority has decided to create the byelaw, it must be created under the common seal of the authority. 

This is an official seal used by a corporate body to authenticate and execute legal documents of the authority.  

You should add the seal at the end of the byelaw document, after any additional sections, such as schedules or plans. After the seal, a member of the authority must sign and date the byelaw.  

If the authority does not have a seal, the byelaw should be made by adding the signatures of 2 members of the authority at the end.  

Step 5: Advertise draft byelaw  

Authorities must publish a notice of their intention to apply for confirmation of byelaws in one or more local newspapers where the byelaws will apply.  

You must publish the notice at least one month before applying for confirmation.  

Make a copy of the draft byelaws available for public inspection free of charge, at the authority’s offices. The notice should make it clear that the public can give feedback and they should send it to Defra. 

Any feedback that’s sent to the authority should be forwarded to Defra either by email to accessheoteam@defra.gov.uk or by post to:  

Access and Engagement with Nature Team 
Defra  
Seacole Building  
2 Marsham Street  
London  
SW1P 4DF 

You must provide a hard copy of all or part of the draft byelaws if you’re asked for one, for a reasonable fee (no more than 10p per 100 words contained in the copy). 

Notice template  

Use the following standard notice template to publicise your proposed byelaw. Replace the words in the square brackets with the relevant details for your authority and the byelaw you wish to make: 

[Name of the authority]  

Notice is hereby given that [name of the authority] intends to make new byelaws [description of the byelaws, their effect, and their geographical extent]. 

Copies of the proposed byelaws will be kept at the offices of the [Name of the authority] at [address or addresses] and will be open to inspection without payment on any weekday during usual business hours for 28 days from the publication of this notice. 

The byelaw may also be viewed at [website address]. 

Written representations about the byelaws, including any objections, should be emailed to accessheoteam@defra.gov.uk by [closing date]. 

Signed [Full name of Proper Officer of the authority]  

[Publication date of the notice]  

Step 6: Submit draft byelaw for confirmation   

You can submit your draft byelaw to Defra for confirmation any time after the one-month deadline for representations has passed. 

If you have provisional approval  

If you already have provisional approval, send 2 copies of the sealed byelaws and 2 copies of the unsealed byelaws by email to accessheoteam@defra.gov.uk.  

If you do not have provisional approval  

If you do not have provisional approval, follow the submission for provisional approval process set out in Step 3. You must also send 2 copies of the sealed byelaws and 2 copies of the unsealed byelaws to  accessheoteam@defra.gov.uk. 

Defra will seek the authority’s view on any feedback submitted. These will be considered as part of the formal confirmation process. 

Step 7: Confirmation  

Defra will consider all the evidence provided by the authority and the public when deciding whether to confirm, or refuse to confirm, a byelaw. 

When confirmation is granted, Defra may set a date when the byelaw will come into force. If no date is set, the default time period is one month after the byelaw has been confirmed.   

If a byelaw is considered controversial and has attracted significant objections, Defra may hold a public inquiry under the LGA 1972 before deciding whether to confirm it. Defra will advise you on this if necessary.  

Procedure after confirmation   

After a byelaw has been confirmed the authority should circulate copies in line with the legislation under which it was made.  

A copy must be printed and made available for the public to view free of charge at the offices of the authority.  

A hard copy must be provided to anyone who asks for one, for a reasonable fee (no more than 20p for every copy printed).  

District councils must send a copy of their byelaw to the county council and every parish council that the byelaw applies to, to be kept with their public documents.  

County councils must send a copy of their byelaw to every district council in the county.  

The Greater London Authority must send a copy of their byelaw to each London Borough Council and the Common Council of the City.  

Amending an existing byelaw  

Authorities should follow the same process as for making new byelaws, or any alternative process set out in the legislation containing the relevant byelaw making power.  

Revoking a byelaw  

If the authority wishes to revoke an existing byelaw it can enact a revocation byelaw. A revocation byelaw is made and confirmed following section 236 of the LGA 1972 procedure in the same way as a new byelaw. 

If the authority wishes to replace an existing byelaw, it should include a revoking clause in the new byelaw. An example of a model revocation byelaw can be found in the Model templates document. 

Where the byelaw was created under a specific piece of legislation, the authority should check whether there is an established revocation procedure within the legislation.  

The Secretary of State can revoke a byelaw by order where it has become spent, obsolete, or unnecessary.  

Byelaws Defra is responsible for  

Defra is the confirming authority for byelaws made under the following legislation: 

Commons and town and village greens  

National Parks and National Landscapes  

Country parks and picnic sites  

Other countryside legislation 

Byelaw making authorities should check their own byelaw making powers for other legal instruments not listed.

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