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, 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.

At present, byelaws are made by the local council or other body, but do not come into force until they have been approved (confirmed) 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 (or other organisation) 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.

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