Introductory text

Defence

Made 12th June 2016

Coming into force 29th June 2016

The Secretary of State makes the following Byelaws in exercise of the powers conferred by section 14(1) of the Military Lands Act 1892^f1, section 2(2) of the Military Lands Act 1900^f2 and section 7 of the Land Powers (Defence) Act 1958^f3.

In accordance with sections 2(2)(c) and 2(2A)^f4 of the Military Lands Act 1900 the Secretary of State has—

(a)

obtained the consent of the Crown Estate Commissioners;

(b)

taken all reasonable steps to ascertain whether the Byelaws would injuriously affect any public rights; and

(c)

is satisfied, in relation to every public right that the Secretary of State considers would be injuriously affected by the Byelaws—

(i)

that a restriction of the right is required for the safety of the public or for the requirements of the military purpose for which the area to which these Byelaws apply is used; and

(ii)

that the restriction of the right imposed by these Byelaws is only to such extent as is reasonable in all the circumstances of the case.

In accordance with section 17(1) of the Military Lands Act 1892 the Secretary of State has caused the proposed Byelaws to be made known in the locality, given an opportunity for objections to be made to the same, and received and considered all objections made.

Annotations

Footnotes

f1: 1892 c. 43.
f2: 1900 c. 56. Section 2(2) was amended by SR & O 1924/1370, section 1 of the Crown Estate Act 1956 (c. 73) and section 1 of the Crown Estate Act 1961 (c. 55).
f3: 1958 c. 30. Section 7 was amended by S.I. 1964/488 and 1971/719.
f4: Section 2(2A) was inserted by section 24 of the Armed Forces Act 2011 (c. 18).