§ Mr. SandersTo ask the Secretary of State for Transport, Local Government and the Regions how many bye-law applications from local authorities there were in each of the past five years, broken down by category, indicating in each case if they were approved. [9666]
§ Dr. WhiteheadLocal authorities are empowered to make a wide range of bye-laws for which confirmation is given by the Secretary of State responsible for the issues to which the bye-law relates. The information requested is not held centrally, and could be obtained only at disproportionate cost.
§ Mr. SandersTo ask the Secretary of State for Transport, Local Government and the Regions what criteria his Department uses to judge bye-law applications from local authorities. [9665]
§ Dr. WhiteheadIn considering applications from local authorities for confirmation of bye-laws regard is had to the relevant matters set out in Home Office Circular 25/1996 which include: that the bye-laws are within the powers of the enabling legislation and that any action required by the legislation, such as consultation with a named public body, has been taken; that they do not duplicate or conflict with the general law, existing390W bye-laws or any local Act or common law; that the nuisance they address merits criminal sanctions and that, to a reasonable person, the penalty available is proportionate; that they directly address a genuine and specific local problem and do not attempt to deal in general terms with essentially national issues; and that they do not conflict with Government policy.