OpenLegislation

Section 106 Supplementary provisions as to byelaws.C1P1

United Kingdom

(1)

F1Sections 236 to 238 of the M1Local Government Act 1972 shall apply to all byelaws under this Act as if any authority having power to make them were a local authority within the meaning of the said Act of 1972 so however, that in relation to byelaws made by F2the appropriate conservation bodyF3(as defined in section 15A of this Act) the said sections shall apply subject to such adaptations as may be prescribed by regulations made by the Secretary of State.

(2)

In relation to byelaws made under this Act the confirming authority for the purposes of the said section 236 shall be the Secretary of State.

(3)

Any authority having power under this Act to make byelaws shall have power to enforce byelaws made by them.

(4)

The following provisions shall have effect in the application of this section to Scotland:—

(a)

for references to the M2Local Government Act 1972 and to sections 236 to 238 thereof there shall be substituted references to the Local Government (Scotland) Act M3F41973, and to sections 201 to 204 thereof; and

(b)

nothing in the last foregoing subsection shall be construed as authorising any such authority as is mentioned therein to institute proceedings in Scotland for an offence.

F5(5)

This section does not apply to byelaws made under this Act by the F6Natural Resources Body for Wales .

Annotations

Textual amendments

F1

Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)

F2

Words in s. 106(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 15(h); S.I. 2006/2541, art. 2 (with Sch.)

F3

Words in s. 106(1) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 1(5); S.I. 1991/685, art.3

F4

Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 105

F5

S. 106(5) inserted (W.) (31.3.2015) by Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 5(2); S.I. 2015/1025, art. 2(r) (with art. 3)

F6

Words in s. 106(5) substituted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(g), Sch. 2 para. 28(2)

Marginal citations

M1

1972 c. 70.

M2

1972 c. 70.

M3

1973 c. 65.

Modifications

C1

S. 106 extended by Wildlife and Countryside Act 1981 (c. 69, SIF 81:1), s. 272(2)

s. 106 applied (30.1.2001) by 1981 c. 69, s. 28R(2)(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1)

Subordinate legislation made

P1

S. 106: for previous exercises of this power, see Index to Government Orders