b. Procedures for making byelaws

There is a standard procedure and an alternative procedure for making byelaws. S.236 of the Local Government Act 1972 sets out the standard procedure. The alternative procedure is set out in s.236A of the 1972 Act and The Byelaws (Alternative Procedure) (England) Regulations 2016 (2016 Regs).

Councils should carefully consider the relevant guidance and model byelaw before making byelaws. To be valid a byelaw needs to meet the following criteria:

•     Authority: It is within the powers of the authority that made it, staying within the limits of the authorising statute.

•     Certainty: It clearly specifies what actions are required or prohibited.

•     Lawful: It is not inconsistent with the general law.

•     Reasonableness: It is made in good faith, acting reasonably and on correct grounds.

NALC have issued an advice note on their website - Byelaws (England) which contains flowcharts for both the standard and the alternative procedure.  [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]