[Tormentil]

Originally Posted by eeyore

bye laws are as you say a civil issue

Byelaws create criminal offences which can be prosecuted in Magistrates' Courts, they have to be approved by central government before they can come into force.

..... byelaws are made by the local council or other body, but do not come into force until they have been approved (confirmed) by the relevant Government department. After the byelaws have been made, but before they can be confirmed, an advertisement has to be placed in a local newspaper announcing that the byelaws have been made, stating where a copy can be inspected and inviting any objections to be made to the Government department. One month after the byelaws were made, the council (or other organisation) then applies to the Government department for the byelaws to be approved. The Government department, at the same time as confirming the byelaws, also sets the date that they will come into force.

In 2006, the then Office of the Deputy Prime Minister consulted on changes to how some byelaws are made and approved (confirmed) by central government, and how they are enforced. As a result, the Local Government and Public Involvement in Health Act 2007 included provision for the Government to implement alternative arrangements for making byelaws, and for their enforcement through the issue of Fixed Penalty Notices.

A further consultation took place in 2008 concerning the specific byelaws to be affected by the changes, and the new procedures for making byelaws and issuing Penalty Notices.

The 2008 consultation document stated that some byelaws would continue to need to be confirmed by the Government. These include those byelaws made by private companies (so as to ensure that there is democratic accountability), and those which are likely to be controversial, for example concerning fisheries.