a. Overview

A byelaw is an ordinance that impacts the public or a segment of the public, created by an authority with statutory powers. It requires certain actions or prohibits them and includes penalties for non-compliance. Byelaws are supplementary to general law and are only enforceable within the jurisdiction of the authority that enacted them, as established in the case of Kruse v Johnson [1898]. 

Before making a byelaw, it is recommended that a parish council first considers whether there are other methods of controlling an undesirable activity. A local council should view byelaws as a measure of last resort.

A parish or town council has powers to make byelaws in relation to the following matters (standard procedure):

• Provision of public conveniences — s. 87, Public Health Act 1936

• Managing mortuaries and post-mortem rooms provided by the council — s. 198, Public Health Act 1936

• Regulating the letting for hire of pleasure boats in a park or pleasure ground provided or managed by the council — s. 54, Public Health Act 1961

• Regulating parking places for bicycles and motorcycles provided by the council — s. 57(7), Road Traffic Regulation Act 1984

• Regulating public walks or pleasure grounds provided by the council or to the cost of which the council has contributed – s. 164, Public Health Act 1875

• Regulating an open space or burial ground owned or controlled by the council — s. 12 and s. 15, Open Spaces Act 1906

• Regulating baths, washhouses, swimming baths and bathing places under the council’s management — s. 223, Public Health Act 1936

• Regulating public bathing in the area — s. 231, Public Health Act 1936

• Regulating swimming baths and bathing places not managed by the council and which open to the public at a charge — s. 233, Public Health Act 1936

• Regulating markets — s. 60, Food Act 1984
  
  

Model byelaws and guidance relevant to parish and town councils have been issued by the then Department of Communities and Local Government (DCLG).

NALC have issued an advice note on their website - Byelaws (England).  [To access the NALC website you will need to set up an individual account (SALC members only).  Video guidance on how to do this is available here - https://youtu.be/zapNDmP8jjY?si=jtXhLh0Wm5ANHrO4]