Guidance

Model revocation byelaw: guidance notes

Published 23 October 2016

Applies to England

Revoking a byelaw

1. Before revoking individual byelaws, local authorities should consider whether the set of byelaws in which they appear needs to be replaced in its entirety by byelaws based on the current version of the relevant model byelaws set. Model byelaws sets are revised on a regular basis to take account of changes in national legislation and government policy. Authorities should therefore review existing byelaws on a regular basis and should also ensure that byelaws remain relevant to their area.

2. This model revocation byelaw should not be used where authorities are replacing a byelaw set with the current version of the relevant model byelaws set. This is because the set concerned will contain a model revocation byelaw which should be used instead.

3. This model revocation byelaw should be used where a local authority is seeking to revoke a byelaw under Part 4 of The Byelaws (Alternative Procedure) Regulations (England) 2016.

4. Local councils can look to revoke byelaws which have become spent, obsolete or unnecessary, or to have been substantially superseded by any enactment or instrument which applies to the area, persons or things to which or to whom the provision applies.

5. The Department for Communities and Local Government recommends that local councils regularly review their existing byelaws to ensure that byelaws remain relevant to their area. Removing byelaws which are no longer enforced helps bring transparency to the byelaws which are in force.

Preamble

6. The statutory requirements for revoking a byelaw are set out in Part 4 of The Byelaws (Alternative Procedure) (England) Regulations 2016. Step by step guidance can be found on the byelaws page.

7. The power under which the byelaws to be revoked were made should be cited in the preamble to an amending byelaw where the words “insert enabling enactment appear”. Under section 14 of the Interpretation Act 1978, where an Act confers a power to make byelaws it implies, unless the contrary intention appears, a power exercisable in the same manner and subject to the same conditions or limitations to amend any byelaw made under that power.

8. Where the power under which the byelaws were made has since been repealed, local councils can revoke these byelaws by virtue of section 236B(2) of the Local Government Act 1972. In such cases the local council should insert in the preamble the following:

The byelaws made by [insert name] on [insert date] and confirmed by [insert name of confirming authority] on [insert date of confirmation] relating to the ground are hereby revoked under Section 236B(2) of the Local Government Act 1972.

9. In the preamble, the name of the local authority making the amending byelaw should be inserted where “insert name of Council” appears and the matters to which the byelaw related should be inserted where “state subject matter” appears (eg Pleasure Grounds and Open Spaces).

10. Where a local authority is revoking a byelaw without any other provision, the authority will need to make an assessment, prepare a draft byelaw, consult with the community and publicise the revocation afterwards.

Revocation

11. In the substantive part of the byelaw, the name of the authority which made the byelaws to be revoked should be inserted where “insert name” appears, as should the date on which they were made where “insert date” appears, the name of the confirming authority, (eg Secretary of State for the Home Department) where “insert name of confirming authority” appears and the date the byelaws were confirmed where “insert date of confirmation” appears.

12. The byelaw(s) or schedule(s) to be revoked should then be referred to. Three choices of wording are given: (1) where a set of byelaws is to be revoked; (2) where a single byelaw or more than one byelaw is to be revoked; and (3) where a schedule is to be revoked. These examples are given for illustration only and may not cover all cases. It is for authorities to decide what form the revocation should take where it is not covered by the examples.