Original Government Byelaws( Wales) Act 2012

Original Government Byelaws( Wales) Act 2012

2012 anaw 2

An Act of the National Assembly for Wales to make provision for the powers of county councils, county city councils, community councils and other public bodies to make reg; the procedure for making reg; the enforcement of reg; and for connected purposes.

Having been passed by the National Assembly for Wales and having entered the assent of Her Majesty, it’s legislated as follows

1. Overview

This Act –
a) reforms procedures for making reg in Wales, including removing arequirement for evidence of reg by the Welsh Ministers;
( b) enables certain reg to be executed by fixed penalty notices;
c) requires authorities that make reg to have regard to any guidance given by the Welsh Ministers on procedure;
d) restates for Wales a general power to make reg

2. Byelaws for good rule and government and repression of nuisances

1) A council for a county or county city in Wales may make reg –
a) for the good rule and government of the whole or any part of its area;
b) for the forestallment and repression of nuisances in its area.
2) But reg may not make provision which –
a) is made by an Act of Parliament, Assembly Measure or Act of the Assembly;
( b) is made, or could be made, by inferior legislation( which means legislation made by statutory instrument).

3Meaning of “ legislating authority ”

Each of the following is a legislating authority for the purposes of this Act –
a) a council for a county or county city in Wales;
b) a community council;
c) a National Park authority in Wales;
d) the( F1Natural coffers Body for Wales).

4. Revocation by a legislating authority

1) A legislating authority may make a regulation to drop a regulation preliminarily made by it.
2) But this power may be exercised only where the authority has no other power to drop the regulation.

5. Revocation by the Welsh Ministers

1) The Welsh Ministers may by order drop any regulation made by a legislating authority which they conclude is obsolete.
2) Before making an order, the Welsh Ministers must consult any person( including a community council) who they suppose is likely to be interested in, or affected by, the cancellation of the regulation.
3) An order may make different provision for different areas, including different provision for different points and for different authorities.

6. Byelaws not taking evidence

1) This section applies to reg made by a legislating authority under the enactments listed in Part 1 of Schedule 1, including reg which amend or drop reg preliminarily made by it.
2) Before it makes a regulation, an authority must –
( a) publish on the authority’s website an original written statement which describes the issue which the authority thinks may be addressed by making a regulation;
b) consult any person( including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue.
3) Following the discussion, the authority must consider the responses and decide whether making a regulation is the most applicable way of addressing the issue.
4) The authority must also publish on its website a alternate written statement which contains –
a) the original written statement;
b) a summary of the discussion and the responses;
c) its decision;
d) the reasons for that decision.
5) At least six weeks before the regulation is made, notice of the intention to make the regulation must be published –
( a) in one or further original journals circulating in the area to which the regulation is to apply;
b) on the authority’s website.
6) For at least six weeks before making the regulation, the authority must insure that –
( a) a draft of the regulation is published on the authority’s website;
b) a dupe of the draft is deposited at a place in the authority’s area;
c) a dupe is open to public examination at all reasonable hours without payment;
d) where applicable, a dupe is transferred to all community councils whose areas the authority thinks are likely to be affected by the regulation.
7) The authority must give a dupe of the draft regulation to any person who applies for it, subject to that person paying similar reasonable figure charged by the authority( if any).
8) An authority may not make a regulation latterly than six months after the date of the notice under subsection 5

7. Byelaws taking evidence

1) This section applies to reg made by a legislating authority under any enactment other than those listed in Part 1 of Schedule 1, including reg which amend or drop reg preliminarily made by it.
2) But this section doesn’t apply to the extent that the enactment conferring the power to make a regulation makes different provision in relation to one or further of the following –
a) a demand to submit reg for evidence;
b) publication of a notice of intent to make the regulation;
c) publication of the regulation;
( d) making clones of the regulation available.
3) Before it makes a regulation to which this section applies, an authority must –
( a) publish on the authority’s website an original written statement which describes the issue which the authority thinks may be addressed by making a regulation;
b) consult any person( including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue.
4) Following the discussion, the authority must consider the responses and decide whether making a regulation is the most applicable way of addressing the issue.
5) The authority must also publish on its website a alternate written statement which contains –
a) the original written statement;
b) a summary of the discussion and the responses;
c) its decision;
d) the reasons for that decision.
6) reg made by the legislating authority must be submitted to the attesting authority and don’t have effect unless and until they’re verified by the attesting authority.
7) At least six weeks before the regulation is submitted for evidence, notice of the legislating authority’s intention to to do so must be published –
( a) in one or further original journals circulating in the area to which the regulation is to apply;
b) on the authority’s website.
8) For at least six weeks before the regulation is submitted for evidence, the legislating authority must insure that –
( a) the regulation is published on the authority’s website;
b) a dupe of the regulation is deposited at a place in the authority’s area( and, in the case of a regulation made by the( Natural coffers Body for Wales) under the National Parks and Access to the Countryside Act 1949, at a place in the area of each council of a county or county city to whose area the regulation applies);
( c) where applicable, a dupe is transferred to all community councils whose area the authority thinks is likely to be affected by the regulation;
( d) a dupe is open to public examination at all reasonable hours without payment.
9) The legislating authority must give a dupe of the regulation to any person who applies for it, subject to that person paying similar reasonable figure charged by the authority( if any).
10) The attesting authority may confirm, or refuse to confirm, any regulation submitted to it under this section.
11) For the purposes of this Act, the attesting authority is –
( a) the person specified in the enactment under which the reg are made as the person who’s to confirm the reg, or
( b) if no person is specified, the Welsh Ministers.
12) The functions of the Welsh Ministers under subsection( 11)( b) are exercisable coincidently with the Secretary of State.

8. Formalities, inception and publication of reg

1) This section applies to reg made by a legislating authority under any enactment.
2) But this section doesn’t apply to the extent that the enactment conferring the power to make the regulation makes different provision in relation to one or further of the following –
a) hand or sealing of the regulation;
b) publication of the regulation;
c) making clones of the regulation available.
3) reg made by a legislating authority must be made under the common seal of the authority, or, in the case of reg made by a community council not having a seal, inked by two members of the council.
4) reg come into effect on the date fixed by the legislating authority, or if they bear evidence, by the attestingauthority.However, they come into effect at the end of one month from the date they’re made( or verified, as applicable), If no date is fixed.
5) The legislating authority which makes the regulation must –
a) publish the regulation on the authority’s website when made, or if it requires evidence, when verified;
( b) deposit a dupe of the regulation at a place in the authority’s area;
c) insure that the dupe is open to public examination at all reasonable hours without payment;
d) give a dupe of the regulation to a person who requests it, subject to that person paying similar reasonable figure charged by the authority( if any).
6) The proper officer of a county city council or county council must shoot a dupe of a regulation formerly made, or where needed formerly verified, to the proper officer of the council of every community to which the regulation applies.
7) In the case of reg made by a National Park authority, the proper officer of the authority must shoot a dupe of a regulation formerly made, or where needed formerly verified, to the proper officer of –
( a) the council for every county city or county whose area includes the whole or part of the National Park;
b) the council of every community whose area includes the whole or part of the National Park.
8) In the case of reg made by the( Natural coffers Body for Wales) under the National Parks and Access to the Countryside Act 1949,( the Body) must insure that it sends a dupe of a regulation formerly made, or where needed formerly verified, to the proper officer of –
( a) the council of every county city or county to whose area the regulation applies;
b) the council of every community to whose area the regulation applies.
9) The proper officer of the community council must –
a) arrange for a dupe of a regulation transferred to the officer to be deposited with the public documents of the community;
b) insure that the dupe is open to public examination at all reasonable hours without payment.
10) In subsections( 6) to( 9) the “ proper officer ” is the officer properly authorised for that purpose by that body.

9. Power to amend Part 1 of Schedule 1

The Welsh Ministers may by order amend Part 1 of Schedule 1( reg not taking evidence) by adding to or abating from the list of enactments, or by amending the type of authority that may make reg without evidence.

10. Offences against reg

1) reg made by a legislating authority under any enactment may give that persons breaching the reg are liable on summary conviction to a forfeiture.
2) The forfeiture mustn’t exceed moreover –
a) the sum fixed by the enactment which confers the power to make the reg, or
( b) if no sum is so fixed, position 2 on the standard scale.
3) In the case of a continuing offence, the reg may give that the lawbreaker is liable on summary conviction to a farther forfeiture.
4) The farther forfeiture mustn’t exceed moreover –
a) the sum fixed by the enactment which confers the power to make the reg, or
( b) if no sum is so fixed, the sum of£ 5 for each day during which the offence continues after conviction for that offence.

11. Section 2 reg; powers of seizure etc

A regulation made under section 2 may include provision for or in connection with –
a) the seizure and retention of any property in connection with any violation of the regulation, and
( b) the penalty of any similar property on a person’s conviction of an offence of violation of the regulation.

12. Power to offer fixed penalties for offences against certain reg

1) This section applies to reg made by a legislating authority under the enactments listed in Part 2 of Schedule 1( reg in relation to which fixed penalties may be issued).
2) If an authorised officer of a legislating authority has reason to believe that a person has committed an offence against a regulation made by that authority, the officer may give a notice to the person offering the occasion of discharging any liability to conviction for the offence by payment of a fixed penalty.
( 3) If an authorised officer of a community council has reason to believe that a person has committed an offence in its area against a regulation made by a legislating authority other than the community council, the officer may give that person a notice offering the person the occasion of discharging any liability to conviction for the offence by payment of a fixed penalty.
4) A fixed penalty under this section is outstanding to the authority whose officer gave the notice.
5) Where a person is given a notice under this section in respect of an offence –
a) no proceedings may be introduced for the offence before the end of the period of 14 days following the date of the notice, and
( b) the person may not be condemned of the offence if the person pays the fixed penalty before the end of that period.
6) A notice under this section must give similar particulars of the circumstances contended to constitute the offence as are necessary to explain why an offence has passed.
7) A notice under this section must also state –
a) the period under subsection( 5) during which proceedings won’t be taken for the offence;
( b) the quantum of the fixed penalty;
c) the person to whom and the address at which the fixed penalty may be paid.
8) Without prejudice to payment by any other system, payment of the fixed penalty may be made bypre-paying and posting a letter containing the quantum of the penalty( in cash or else) to the person appertained to, at the address handed, in the notice.
9) If a letter is transferred, payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
( 10) The Welsh Ministers may by regulations specify the form of a notice under this section.
11) In any proceedings a instrument which –
a) purports to be inked on behalf of the principal finance officer of an authority, and
( b) states that payment of a fixed penalty was or wasn’t entered by a date specified in the instrument,
is substantiation of the data stated.
12) In this section –

authorised officer ”, in relation to an authority, means –

a) an hand of the authority who’s authorised in jotting by the authority for the purpose of giving notices under this section,

b) any person who, in performance of arrangements made with the authority, has the function of giving similar notices and is authorised in jotting by the authority to perform the function, and

c) any hand of such a person who’s authorised in jotting by the authority for the purpose of giving similar notices;

principal finance officer ”, in relation to an authority, means the person having responsibility for the fiscal affairs of the authority.

13) The Welsh Ministers may by regulations define conditions to be satisfied by a person before a community council may authorise the person in writing for the purpose of giving notices under this section.

13. Amount of fixed penalty

1) A legislating authority may –
a) specify the quantum of a fixed penalty outstanding in performance of a notice under section 12;
b) specify different quantities in relation to different reg.
( 2) If no quantum is so specified, the quantum of the fixed penalty is£ 75.
3) The Welsh Ministers may by regulations make provision in connection with the powers under subsection( 1).
4) Regulations under subsection( 3) may, in particular –
( a) bear an quantum specified under subsection( 1)( a) to fall within a range specified in the regulations;
( b) circumscribe the extent to which, and the circumstances in which, an authority can make provision under subsection( 1)( b).
5) The Welsh Ministers may by order cover a different quantum for the quantum for the time being specified in subsection( 2).

14. Power to bear name and address in connection with fixed penalty

( 1) If an authorised officer proposes to give a person a notice under section 12, the officer may bear the person to give his or her name and address.
2) A person commits an offence if that person –
a) without reasonable reason, fails to give his or her name and address when needed to do so, or
( b) gives a false or inaccurate name or address in response to a demand under that subsection.
( 3) A person shamefaced of an offence under subsection( 2) is liable on summary conviction to a fine not exceeding position 3 on the standard scale.
4) In this section, “ authorised officer ” has the same meaning as in section 12.

15. Use of fixed penalty bills

1) The authority must have regard to the advisability of using its fixed penalty bills for the purpose of combating a nuisance for the forestallment of which a regulation was made by the authority.
2) “ Fixed penalty bills ” means quantities paid to an authority in performance of notices under section 12.

16. Power to amend Part 2 of Schedule 1

The Welsh Ministers may by order amend Part 2 of Schedule 1( reg in relation to which fixed penalty notices may be issued) by adding to or abating from the list of enactments, or by amending the type of authority that may offer fixed penalty notices.

17. Community Support Officers etc

1) The Police Reform Act 2002 is amended as follows.

3) In Schedule 5( powers exercised by accredited persons) –
a) in paragraph 1A( 3) after “ 1972 ” fit “ or under section 12 of the Original Government Byelaws( Wales) Act 2012
b) in paragraph 1A( 5)( a) after “ 1972 ” fit “ or to which section 12 of the Original Government Byelaws( Wales) Act 2012 applies

18. Guidance

1) The Welsh Ministers may give guidance to legislating authorities about –
a) the timber of reg to which section 6 or 7 applies;
( b) the procedure for making reg;
c) the enforcement of reg;
d) anything related to these matters including –
i) discussion and publication conditions;
( ii) the use of fixed penalties.
2) A legislating authority must have regard to the guidance when making or administering reg.
substantiation of reg

19.Evidence of byelaws

( 1) The product of a certified dupe of a regulation purporting to be made by a legislating authority is, until the negative is proved, sufficient substantiation of the data stated in the instrument.
2) For the purposes of this section, a certified dupe of a regulation is a published dupe of the regulation that’s championed with a instrument purporting to be inked by the proper officer of a legislating authority stating –
( a) that the regulation was made by the authority;
b) that the dupe is a true dupe of the regulation;
( c) that on a specified date the regulation was verified by the authority named in the instrument or, as the case may be, was transferred to the attesting authority and has not been disallowed;
( d) the date, if any, fixed by the attesting authority for the coming into effect of the regulation.
3) The conditions in paragraphs( c) and( d) of subsection( 2) don’t apply if the regulation wasn’t subject to evidence after it was made.

20. Consequential emendations

Schedule 2( minor and consequential emendations) has effect.

21. Orders and regulations

( 1) A power to make an order or regulations under this Act( piecemeal from an order under section 22( inception)) includes power to make similar incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider applicable.
2) In the case of the power under sections 9 and 16, this provision includes provision amending, repealing or repealing enactments.
3) Any power of the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.
4) A statutory instrument containing an order under section 9, 13( 5) or 16 may not be made unless a draft of the instrument has been laid ahead, and approved by a resolution of, the National Assembly for Wales.
( 5) Any other statutory instrument containing an order or regulations under this Act, piecemeal from an instrument containing only an order under section 22( inception), is subject to dissolution in performance of a resolution of the National Assembly for Wales.

22. Commencement

1) The following vittles come into force on the day after the day on which this Act receives Royal Assent –
( a) section 18( 1);
b) section 21;
c) this section;
d) section 23.
( 2) The other vittles of this Act come into force on similar day as the Welsh Ministers may by order appoint.
3) An order under subsection( 2) –
a) may appoint different days for different purposes;
b) may include transitional, saving or temporary provision.