What are byelaws?
Byelaws are local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done, or not done in a specified area. They are accompanied by some sanction or penalty for their non-observance.
If validly made, byelaws have the force of law within the areas to which they apply. Generally byelaws are overseen by the relevant government department or confirming authority who has policy responsibility for the subject matter.
The Ministry of Housing, Communities and Local Government (MHCLG) have responsibility for byelaws covering pleasure grounds and open spaces and good rule and government. These relate in the main to the peaceful enjoyment of parks and open spaces and the suppression of nuisances.
Byelaws are enforced by the local authority through the magistrates’ court and contravening a byelaw can result in a fine upon successful conviction.
Byelaws are considered measures of last resort after a local council has tried to address the local issue the byelaw applies to through other means. A byelaw cannot be made where alternative legislative measures already exist that could be used to address the problem. Byelaws should always be proportionate and reasonable. Where a byelaw is no longer necessary, it should be revoked.
Chorley Council byelaws
Byelaws made under (Section 164 of the Public Health Act 1875/section 15 of the Open Spaces Act 1906/sections 12 and 15 of the Open Spaces Act 1906) by the council of Chorley with respect to pleasure grounds, public walks and open spaces.
View Byelaws for Pleasure Grounds, Public Walks and Open Spaces
This set was adopted in 2004 and includes byelaws on:
- protection of the ground, its wildlife and the public
- horses, cycles and vehicles
- play areas, games and sports
- waterways
- model aircraft.
The byelaws cover activities such as lighting fires, BBQs, metal detecting, putting up gazebos and riding horses. These activities are NOT permitted on council land without prior authorisation and we also require the correct insurance cover and risk assessments being in place.
Chorley Council are currently reviewing the byelaws.