c. Enforcement of byelaws

Failure to obey a byelaw is a criminal offence. Offenders should be reported to the police, although in the first instance it may be appropriate to ask the offender not to repeat the behaviour. If a council reports a breach to the police, it should also give them the names of any witnesses who are prepared to attend court to give evidence. 

Parish councils can bring proceedings under s.222 of the 1972 Act, even if they did not make the byelaw. Hiring a solicitor is advised for prosecution, which must start in a magistrates' court within six months of the breach.

The normal penalty for infringing a byelaw is a fine. S.237 of the 1972 Act provides that the maximum fine is the sum fixed by the empowering statute making the byelaw, or if no sum is fixed, the sum of £50. For a continuing offence, an offender may in addition be fined up to £5 a day for each day that the offence continues after conviction (s.237, the 1972 Act). 

If the penalty provided by the byelaws is not adequate, an injunction may be obtained from a civil court to stop further breaches.

When a parish boundary changes, Article 41 of the Local Government Area Changes Regulations 1976 ensures that any existing byelaw remains effective in the new area but no longer applies to areas that are no longer part of the parish.

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]