§ Mrs. MayTo ask the Secretary of State for the Environment, Transport and the Regions what procedures his Department follows when considering an application to introduce a bye-law from(a) a district, (b) a borough, (c) a town and (d) a parish council; and what mechanisms his Department has for verifying the application. [38734]
§ Mr. RaynsfordIn all cases, my Department ensures that an application meets the stringent tests as to the validity of byelaws which have been laid down by the courts, namely, that a byelaw should be within the power of the enabling legislation, that it is not repugnant to the general law, nor uncertain nor unreasonable.
In verifying an application, my Department ensures that it is accompanied by a copy of the council's resolution; the sealed byelaws; the draft byelaws previously approved by the Department; a copy of the newspaper(s) containing the notice; the proper officer's certificate as to deposit of a copy of the byelaws; copies of objections, if any, received by the council and confirmation of compliance with additional requirements of Local Acts (if any).