Byelaws in UK Law

Leading Cases
  • R (Newhaven Port & Properties Ltd) v East Sussex County Council
    • Court of Appeal (Civil Division)
    • 27 Marzo 2013

    If, for example, the harbour authority had fenced off some part of the harbour, thereby preventing access to it, I do not think that a claim could have been maintained against the authority by a member of the public on the basis that the fencing off was in breach of rights conferred on him by the byelaws.

  • Percy v Hall
    • Court of Appeal (Civil Division)
    • 10 Mayo 1996

    Better, surely, as with the Fawcett test, to treat the instrument as valid unless so uncertain in its language as to have no ascertainable meaning, or so unclear in its effect as to be incapable of certain application in any case (often on analysis essentially the same thing —see for example Alderson). Being a criminal provision, it will be wherever reasonably possible construed —or, as the case may be, applied -to avoid penalty.

    It seems to me one thing to accept, as readily I do, that a subsequent declaration as to their invalidity operates retrospectively to entitle a person convicted of their breach to have that conviction set aside; quite another to hold that it transforms what, judged at the time, was to be regarded as the lawful discharge of the constables' duty into what must later be found actionably tortious conduct.

  • Christopher Akerman v London Borough of Richmond
    • Queen's Bench Division (Administrative Court)
    • 27 Enero 2017

    The authorities show that a trespasser will only be able to trump the rights of an owner or property by invoking article 8 in an exceptional case: see Manchester City Council v Pinnock, [2010] UKSC 45, [2011] 2 AC 6, and London Borough of Hounslow v Powell [2011] UKSC 8, [2011] 2 AC 186 and the summary by Etherton LJ, as he then was, in Thurrock BC v West [2012] EWCA Civ. 1435 at [22] – [31].

  • Akumah v Hackney London Borough Council
    • Court of Appeal (Civil Division)
    • 17 Abril 2002

    The making of or power to make byelaws in respect of land that is not currently being used for housing purposes, and which may indeed be well away from the area of the local authority, does seem to me to be an extension of the power in section 23(1), and one that therefore shows that those who drafted the Act of 1975 cannot be assumed to have taken the view of the reach of section 23(1) that Mr Kadri urges.

  • R v Barnsley Metropolitan Borough Council, ex parte Hook
    • Court of Appeal (Civil Division)
    • 20 Febrero 1976

    Now, there are old cases which show that the Court can interfere by certiorari if a punishment is altogether excessive and out of proportion to the occasion. That is a far more serious penalty than anything the Magistrates could inflict. He is a man of good character, and ought not to be penalised thus. On that ground alone, apart from the others, the decision of the Barnsley Council cannot stand.

  • The Queen (on the application of Newhaven Port and Properties Ltd) (Claimant Respondent) v East Sussex County Council (Defendant/First Appellant) Newhaven Town Council (Interested Party/Second Appellant)
    • Queen's Bench Division (Administrative Court)
    • 21 Marzo 2012

    The County Council was not in my view barred from registering the land. The Inspector considered the evidence of actual recreational use and of use of the promenade to access the beach. There was nothing in the evidence of the use of the promenade to contradict her conclusion about use of the beach, for example by appropriate signs, occasional fencing off, communicated byelaws, or access from the sea for most users.

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Books & Journal Articles
  • Recent Book: Highways and Byeways: “Local Authorities' Byelaws
    • No. 52-1, January 1979
    • Police Journal: Theory, Practice and Principles
  • Council member required.
    • No. 2012, February 2012
    • Financial Management (UK)
    • The Institute - Brief article
    ... ... Corporate Affairs Manager (020 8849 2305/ or downloaded from ... Nominations must be received on the prescribed form by the Corporate Affairs department at 26 Chapter Street, London SW1P 4NP by noon ... ...
  • CIMA's central southern constituency seeks council member.
    • No. 2011, January 2011
    • Financial Management (UK)
    • The Institute
    ... ... Forms may also be downloaded from ... ...
  • Council member required--casual vacancy.
    • No. 2010, January 2010
    • Financial Management (UK)
    • Institute update
    ... ... Or you can download forms from, where further details about the ballot process and the role of the council member may be found ... [ILLUSTRATION OMITTED] ... ...
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Law Firm Commentaries
  • Newhaven Update: To Beach Or Not To Beach?
    • Mondaq UK
    ... ... The beach is subject to byelaws created by the port authority (dating from 1931) which regulate access and use of the beach.  In particular they prohibit bathing in certain areas, ... ...
  • Work Experience For Children And Young People
    • Mondaq UK
    ... ... Local Authority ('LA') byelaws (see below) can extend permission for part-time work to children aged 13 and can also extend the type of work and hours of part-time work children ... ...
  • Marine Navigation Act 2013
    • Mondaq United Kingdom
    ... ... controversial part of the Act and has been viewed by many as providing an unlimited power to a non-democratically elected authority to impose byelaws that may restrict important freedoms including the right to navigate. Section 5 and 'harbour directions' generally are considered in greater detail ... ...
  • Say Hello To The PINS Consents Service Unit
    • Mondaq United Kingdom
    ... ... river flood defence consenting) or section 164 (governs the Environment Agency's own discharges to watercourses when doing works), and under byelaws made under paragraphs 5, 6 or 6A of Schedule 25 of the Water Resources Act 1991(25) (Environment Agency flood defence and drainage byelaws and ... ...
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