Office of Public Sector Information
PART XI continued
(14)The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.
(15)In this section “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State:
Provided that, notwithstanding that a local Act specifies otherwise, the confirming authority in relation to byelaws made under any local Act shall be the Secretary of State.
F1Words in s. 202(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2
F2S. 202(1)(c)(ii) substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(a)
F3S. 202(1A) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2
F4Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(b)
F5S. 202(13) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(62), Sch. 14: S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2
C1S. 202 modified by S.I. 1984/918, reg. 2
C2Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2
Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2
C3S. 202 applied (with modifications) (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)
Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94
S. 202 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C4S. 202(4)(5)(6)(7)(8)(10)(12) applied (with modifications) (18.11.1990) by S.I. 1991/43, art. 8(1)(2).
S. 202(4)-(8)(10)(12) applied (with modifications) (25.2.1991) by S.I. 1991/1082, art. 9(1)(2).
S. 202(4)-(8)(10)(12) applied (with modifications) (5.11.1991) by S.I. 1991/2513, art. 15(1)(2).
S. 202(4)-(8)(10)(12) applied (with modifications) (9.7.1992) by S.I. 1992/1975, art. 8.
S. 202(4)-(8)(10)-(12) applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3).
S. 202(4)-(8)(10)(12) applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1)
S. 202(4)-(8)(10)(12) applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1)(2)
S. 202(4)-(8)(10)(12) applied (with modifications) (23.12.1999) by S.S.I. 1999/202, art. 19(1)(2)
C5S. 202(4)-(8)(10)(12) applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1)
M11889 c. 50.
M21982 c. 45.
M31897 c. 38.
M41982 c. 45.
A local authority shall, not later than 10 years from whichever is the later of the following times—
(a)the coming into force of a byelaw which they have the power to revoke or amend;
(b)the coming into force of this section;
review that byelaw and do so thereafter at intervals of not more than 10 years.
F1Ss. 202A—202C inserted (1.7.1984) by Civic Government (Scotland) Act 1982 (c. 45), ss. 110(3), 137(2)
C1Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2
Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2
C2Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2
C3Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94
(1)A local authority shall, in accordance with this section, keep a register of all byelaws which they have power to revoke or amend.
(2)The register kept under subsection (1)
above shall contain—
(a)a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws;
(b)the date or dates when the byelaws and any amendments to them were confirmed;
(c)the date or dates when the byelaws and any amendments to them came or come into operation; and
(d)the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act.
(3)The register kept under subsection (1)
above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it.
(4)No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above.
(5)The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.
C1Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2
C2Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2
Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2
C3Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94
(1)Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them.
(2)At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply.
(3)The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above.
(4)Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them.
(5)It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw.
(6)It shall not be competent under this section to revoke any byelaw or any part of any byelaw if the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.]
C1Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2
C2Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2, para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2
Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2
C3Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94
S. 202C applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of [F1level 2 on the standard scale], and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.
F1
“level 2 on the standard scale” substituted for “£20”, except in relation to s. 203 as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(2)(3) (as inserted by Criminal Law Act 1977 (c. 45), Sch. 11 para. 5) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) and by 1995 c. 40, ss. 3(1), 7(2), Sch. 1 paras. 3(2), 12(2) it is provided that s. 203 shall have effect as if for any reference to £20 there shall be substituted a reference to £50 except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority
C1S. 203 excluded by Civil Aviation Act 1982 (c. 16), s. 32(4)
C2S. 203 excluded by Airports Act 1986 (c. 31, SIF 9), s. 63(8)
C3Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2
Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2
C4S. 203 applied (with modifications) (18. 11. 1990) by S.I. 1991/43, art. 8(1).
S. 203 applied (with modifications) (25. 02. 1991) by S.I. 1991/1082, art. 9(1).
S. 203 applied (with modifications) (05. 11. 1991) by S.I. 1991/2513, art. 15(1).
S. 203 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)
S. 203 applied (with modifications) (9.7.1992) by S.I. 1992/1975, art.8.
S. 203 applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1)
Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94
S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1)
S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/202. art. 19(1)
S. 203 applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1)
The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—
(a)that the byelaw was made by the authority;
(b)that the copy is a true copy of the byelaw;
(c)that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;
(d)the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;
shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.
C1S. 204 modified by S.I. 1984/918, reg. 2
S. 204 applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3).
C2Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2
Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2
C3S. 204 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)
Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94
S. 204 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
(1)[F1A local authority] may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the [F1authority] the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of [F2their area] persons of distinction and any persons who have rendered eminent service to [F2their area].
(2)An officer designated for the purpose by [F3local authority] shall keep a roll containing the names of persons admitted to be freemen under this section.
F1Words in s. 206(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(a)(i)(ii); S.I. 1996/323, art. 4(1)(b)(c)
F2Words in s. 206(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(a)(iii); S.I. 1996/323, art. 4(1)(b)(c)
F3Words in s. 206(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(b); S.I. 1996/323, art. 4(1)(b)(c)
Nothing in this Part of this Act shall—
(a)confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or
(b)confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.
(1)Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year’s Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.
(2)Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election:
Provided that where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in this subsection shall affect the validity of any act done in relation to an election before or on the date of the declaration.
C1S. 208 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3
Local Government (Scotland) Act 1973