Who makes Bye Laws

[jedimistress]

Who makes local bye laws? Example; It is now ilegal and punishable by prosecution in Exeter to have your dog off a lead along any pavement or stretch of road.

How would this have been passed, and by whom?

[Kathyan]

The local council.

[Ethel]

That has been the case where I live for at least 10 years, thankfully.

And people do get fined.

An Act of Parliament is passed giving the local council the authority to implement bylaws in accordance with the provisions of the Act.

A council cannot make a bylaw unless there is an Act so they cannot make up and enforce bylaws to suit themselves.

If a Summons is issued the Act will always be referred to.

[Annlinda]

As I have posted before bye laws are made by the usual little jobsworths who have nothing better to do. They are allowed to get away with it because we are all too busy living our lives and are not interested in local politics.

[loonytunes]

Oh dear, come up against authority have we Annlinda? Let me explain. Bunch of people put up for election. Those with the most votes, ie. chosen by their peers, become the Council. They decide what gets done and how. The "jobsworths" are the paid officials who give them the tools to do so. Byelaws would not be necessary if everyone was considerate, honest and lawful. I take it you fail in at least one of these respects. It's not them and us, you could be one of them if you could convince people that it would be a good idea. It's called democracy. Not ideal, but better than other systems. Embrace it!

[buildersmate]

In this case the Act of Parliament is the Clean Neighbourhoods and Environment Act 2005, which has been national legislation in the UK since April 2005. As Ethel says, Exeter are merely applying the national law and determining exactly how it works in practice in Exeter. That's the way a democracy works - the elected representatives decide what is good for us. It suits many citizens that way.

http://www.defra.gov.uk/environment/localenv/l egislation/cnea/index.htm

[jedimistress]

Thanks all. Sorry AnnLinda for the rude response you got to your reply.

I have found the answers I was looking for.

[jedimistress]

Builders mate I did not ask about democracy. I did not even invite opinions.

I know what I believe in and I couldn't give a monkeys what you believe in. If I did, I'd be on a debate site.

[jedimistress]

The actual answer is...the government creates a document. In this case I have seen the document dated 2006. Created by Ben Bradshaw our MP which is why we probably have the strictest enforcement. (Ethel I don't know where you live but this all came about from 2005)

It is only a law if the council chooses to bring it in. many councils will ignore many things.

Thay can amend wording to however they choose.

Example. You must have a child on a leash between the hours of x on a lead of maximum length of x in the areas x x x .

The laws are often created years in advance but cover basically any eventuality. Like citizens cannot leave their homes between x and x if x happens and only for x amount of time. Only certain people x can go about their duties.

The laws tend to linger in the backround just waiting for someone to put it in place. The councils can choose to create the bylaws or not. Hence the answer is the council though I'd like to narrow it down to which section of councils?

The legal section, the section which deals with those areas perhaps. traffic / environment / social etc? The elected councillors?