Regulation 7 Byelaw proposal: application for approval

(1)

A relevant authority may apply to the Secretary of State for approval of a scheme which has been prepared in accordance with regulation 6.

(2)

An application prepared under paragraph (1) must contain—

(a)

the draft byelaw prepared under regulation 6(2)(a);

(b)

the statement prepared under regulation 6(2)(c);

(c)

a report—

(i)

identifying the enactment under which it is proposed that the byelaw will be made;

(ii)

confirming that the procedure for making the byelaws is that specified in the Byelaws (Alternative Procedure) (England) Regulations 2015;

(iii)

as to the purpose and need for the byelaws, which must include, but need not be limited to—

(aa)

the objective which the proposed byelaw is intended to address;

(bb)

the location and extent of such objective;

(cc)

the measures, if any, the relevant authority have taken to address the objective;

(dd)

the relevant authority’s reasons for considering why the proposed byelaw fulfils the necessary objective;

(ee)

confirmation that the proposed byelaw is not solely intended to protect persons from the consequences of their own action;

(iv)

the relevant authority’s reasons for considering that the byelaw is reasonable in its proposed application, which must include, but need not be limited to why the sanction specified in the proposed byelaw is necessary and proportionate;

(v)

explaining the extent (if any) to which any other enactment already fulfils the purpose identified under sub-paragraph (iii);

(vi)

where an enactment has been identified under sub-paragraph (v), explaining why, notwithstanding that enactment, the relevant authority believes there is a need for the byelaws;

(vii)

where sub-paragraph (v) does not apply, that the byelaws do not conflict with any existing enactments;

(viii)

as to whether the relevant authority has revoked or is revoking any byelaws;

(ix)

as to whether the relevant authority intends to make use of any model byelaw and if so what (if any) adjustments to the model byelaw are proposed and confirmation that the relevant authority has followed the guidance accompanying the model byelaw;

(x)

identifying, by reference to a map where necessary, the land to which the byelaws, if made, will apply;

(xi)

of the extent of the consultations that have been undertaken and the results of those consultations; and

(xii)

summarising any objections made in response to those consultations and the relevant authority’s response to such objections, to include copies of all correspondence dealing with such objections.

(3)

In paragraph (2)viii), “model byelaw” means a draft byelaw—

(a)

published by the Department for Communities and Local Government; and

(b)

which, at the time of its use by a relevant authority, the department in question or any other Department of State continues to promote, whether in the terms originally published or in terms substantially to the same effect.