By-Laws Flashcards
intro [paragraph 1]
Delegated Legislation (DL) is when Parliament passes down the power to make laws to another authority under a Parent Act (an Act of Parliament). They are then able to make laws in certain areas for their own purpose. The Parent Act is what defines the limits of the powers, who has the powers and how they should be used.
what are they? [paragraph 2]
By-Laws are pieces of DL which are created by Local Authorities or Public Bodies and are laws which apply to very specific, local issues.
who? [paragraph 3]
‘Local Authorities’ includes most local councils (e.g. Wirral Council) who are responsible for providing facilities such as waste removal, providing social housing and local parking. ‘Public Bodies’ covers a range of different charities, businesses and service providers and are specific groups which need powers to deal with issues relating to their everyday-running. An example of this would be Merseyrail, a local rail provider.
- keep communities clean [paragraph 4]
By-Laws are used for three main reasons. In order to keep communities clean for example. The Clean Neighbourhoods and Environment Act 2005 allows Local Councils to create by-laws relating to Dog Fouling in Public. Wirral Council used this to create a £1000 fine for owners who do not pick up dog foul.
- keep local services safe [paragraph 5]
They are also used to keep local services safe. Under the Railways Act 1993, train companies were permitted to create by-laws about what customers can/cannot do on trains. Merseyrail used this to ban ‘feet on seats’ and issue fines if people did not obey the rule.
- provide local services/facilities [paragraph 6]
Finally, they are used to provide local services/facilities. The Local Government Act 1972 allows local councils to make by-laws that are for the ‘good rule and government’ of the area. Wirral Council used this to introduce parking charges in Birkenhead Town Centre to ease congestion in 2007.
