HC Deb 25 October 2001 vol 373 cc389-90W
Mr. Sanders

To 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. Whitehead

Local 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. Sanders

To 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. Whitehead

In 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, existing 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.

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