Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
70

(3)
Otherwise, a statutory instrument containing regulations under section
237A or 237B, or an order under section 237B, shall be subject to
annulment in pursuance of a resolution of either House of Parliament.”.
99
Use of fixed penalty receipts
After section 237C of the Local Government Act 1972 (c. 70) (as inserted by
5
section 98) insert—
“237D
Use of fixed penalty receipts
(1)
“Fixed penalty receipts” means amounts paid to an authority in
pursuance of notices under section 237A.
(2)
The authority shall have regard to the desirability of using its fixed
10
penalty receipts for the purpose of combating any relevant nuisance.
(3)
A “relevant nuisance” is a nuisance in the authority’s area for the
prevention of which any byelaw to which section 237A applies was
made.”.
100
Guidance
15
After section 237D of the Local Government Act 1972 (as inserted by section 99)
insert—
“237E
Guidance relating to sections 236A and 237A to 237D
An authority which makes byelaws of a class prescribed by regulations
under section 236A or 237A must have regard to any guidance issued
20
by the Secretary of State about—
(a)
procedure for which provision is made by regulations under
section 236A(1);
(b)
fixed penalties;
(c)
anything related to the matters mentioned in paragraph (a) or
25
(b).”.
101
Community support officers etc
(1)
The Police Reform Act 2002 (c. 30) is amended as follows.
(2)
In Schedule 4 (community support officers)—
(a)
in paragraph 1 (powers to issue fixed penalty notices), after sub-
30
paragraph (3) insert—
   “(3A)
For the purposes of paragraph (e) of section 64A(1B) of the Police and
Criminal Evidence Act 1984 (photographing of suspects in relation to
fixed penalty offences) “relevant fixed penalty offence”, in relation to
a designated person, includes an offence under a relevant byelaw
35
within the meaning of paragraph 1ZA(4) (and, accordingly, the
reference in that paragraph (e) to paragraph 1 of this Schedule
includes a reference to paragraph 1ZA of this Schedule).”;
(b)
after paragraph 1 (powers to issue fixed penalty notices) insert—
“1ZA  (1)
This paragraph applies if a designation applies it to any
40
person.

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      (2)
Such a designation may specify that, in relation to that
person, the application of sub-paragraph (3) is confined to
one or more only (and not all) relevant byelaws, being in each
case specified in the designation.
      (3)
Where that person has reason to believe that an individual
5
has committed an offence against a relevant byelaw at a place
within the relevant police area, he may exercise the power of
an authorised officer of an authority to give a notice under
section 237A of the Local Government Act 1972 (fixed
penalty notices in relation to offences against certain
10
byelaws).
      (4)
In this paragraph “relevant byelaw”, in relation to a
designated person, means a byelaw which—
(a)
falls within sub-paragraph (5); and
(b)
is specified or described in that person’s designation
15
as a byelaw he has been designated to enforce under
this paragraph.
      (5)
A byelaw falls within this sub-paragraph if—
(a)
it is a byelaw to which section 237A of the Local
Government Act 1972 applies (fixed penalty notices
20
in relation to offences against certain byelaws); and
(b)
the chief officer of the police force for the relevant
police area and the authority who made the byelaw
have agreed to include it in a list of byelaws for the
purposes of this sub-paragraph.
25
      (6)
A list under sub-paragraph (5)(b) must be published by the
chief officer in such a way as to bring it to the attention of
members of the public in localities where the byelaws in the
list apply.
      (7)
The list may be amended from time to time by agreement
30
between the chief officer and the authority, by adding
byelaws to it or removing byelaws from it, and the amended
list shall also be published by the chief officer as mentioned
in sub-paragraph (6).”;
(c)
in paragraph 2(6) (relevant offence for the purpose of the power to
35
detain etc), after paragraph (aa) insert—
“(aza)
an offence under a relevant byelaw within the
meaning of paragraph 1ZA(4); or”;
(3)
In Schedule 5 (accredited persons)—
(a)
in paragraph 1 (power to issue fixed penalty notices), after sub-
40
paragraph (3) insert—
   “(3A)
For the purposes of paragraph (f) of section 64A(1B) of the
Police and Criminal Evidence Act 1984 (photographing of
suspects in relation to fixed penalty offences) “relevant fixed
penalty offence”, in relation to an accredited person, includes
45
an offence under a relevant byelaw within the meaning of
paragraph 1A(4) (and, accordingly, the reference in that
paragraph (f) to paragraph 1 of this Schedule includes a
reference to paragraph 1A of this Schedule).”;

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(b)
after paragraph 1 insert—
“1A   (1)
This paragraph applies to an accredited person whose
accreditation specifies that it applies to him.
      (2)
The accreditation may specify that, in relation to that person,
the application of sub-paragraph (3) is confined to one or
5
more only (and not all) relevant byelaws, being in each case
specified in the accreditation.
      (3)
Where that person has reason to believe that an individual
has committed an offence against a relevant byelaw at a place
within the relevant police area, he may exercise the power of
10
an authorised officer of an authority to give a notice under
section 237A of the Local Government Act 1972 (fixed
penalty notices in relation to offences against certain
byelaws).
      (4)
In this paragraph “relevant byelaw”, in relation to an
15
accredited person, means a byelaw which—
(a)
falls within sub-paragraph (5); and
(b)
is specified or described in that person’s accreditation
as a byelaw he has been accredited to enforce under
this paragraph.
20
      (5)
A byelaw falls within this sub-paragraph if—
(a)
it is a byelaw to which section 237A of the Local
Government Act 1972 applies (fixed penalty notices
in relation to offences against certain byelaws); and
(b)
the chief officer of the police force for the relevant
25
police area and the authority who made the byelaw
have agreed to include it in a list of byelaws for the
purposes of this sub-paragraph.
      (6)
A list under sub-paragraph (5)(b) must be published by the
chief officer in such a way as to bring it to the attention of
30
members of the public in localities where the byelaws in the
list apply.
      (7)
The list may be amended from time to time by agreement
between the chief officer and the authority, by adding
byelaws to it or removing byelaws from it, and the amended
35
list shall also be published by the chief officer as mentioned
in sub-paragraph (6).”;
(c)
in paragraph 2(3) (relevant offence for the purpose of the power to
require giving of name and address), after paragraph (aa) insert—
“(aza)
an offence under a relevant byelaw within the
40
meaning of paragraph 1A(4); or”;
(d)
in paragraph 9ZA (photographing of persons given fixed penalty
notices), after “paragraph 1(2)” insert “or in exercise of the power
mentioned in paragraph 1A(3)”.
102
Revocation of byelaws
45
After section 236A of the Local Government Act 1972 (inserted by section 97)

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insert—
“236B
Revocation of byelaws
(1)
This section applies to—
(a)
a local authority;
(b)
the Greater London Authority;
5
(c)
Transport for London;
(d)
a metropolitan county passenger transport authority.
(2)
Such an authority may make a byelaw under this section to revoke a
byelaw made by the authority.
(3)
The power under subsection (2) may be exercised only where the
10
authority has no other power to revoke the byelaw.
(4)
The confirming authority in relation to a byelaw made under this
section shall be—
(a)
in relation to a byelaw made by a local authority in Wales, the
Welsh Ministers;
15
(b)
in relation to any other byelaw, the Secretary of State.
(5)
The Secretary of State may, in relation to England, by order revoke any
byelaw which appears to him to have become spent, obsolete or
unnecessary.
(6)
The Welsh Ministers may, in relation to Wales, by order revoke any
20
byelaw which appears to them to have become spent, obsolete or
unnecessary.
(7)
An order under this section may make—
(a)
such incidental, consequential, transitional or supplemental
provision (including provision amending, repealing or
25
revoking enactments) as the person making the order considers
appropriate, and
(b)
different provision for different areas, including different
provision for different localities and for different authorities.
(8)
A statutory instrument containing an order under this section which
30
amends or repeals any provision of an Act may not be made by the
Secretary of State unless a draft of the instrument containing the order
has been laid before, and approved by a resolution of, each House of
Parliament.
(9)
Otherwise, a statutory instrument containing an order made by the
35
Secretary of State under this section shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
(10)
A statutory instrument containing an order under this section which
amends or repeals any provision of an Act may not be made by the
Welsh Ministers unless a draft of the instrument containing the order
40
has been laid before, and approved by a resolution of, the National
Assembly for Wales.
(11)
Otherwise, a statutory instrument containing an order made by the
Welsh Ministers under this section shall be subject to annulment in
pursuance of a resolution of the National Assembly for Wales.”.
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