Byelaws by English local authorities: powers, decision-making, procedure, drafting, enforcement and revocation

Published by a LexisNexis Local Government expert

Practice notes

Byelaws are local laws or statutory provisions that carry legal effect within the specific areas to which they relate. They typically require certain actions to be taken, or forbid particular conduct, in defined locations, and breaches attract a sanction or penalty. In England, local authorities make byelaws to ensure things are done, or not done, across part or all of their area. For such orders to be observed, they must be enforceable in law. Accordingly, a byelaw must be:

within the local authority’s lawful powers
made by the proper decision-maker
adopted through a transparent process
expressed in clear and definite terms

Local authority powers

The authority to create a byelaw is granted by statute, either in a specific form or more generally. Specific enactments permit regulation of particular activities, for example:

public walks and pleasure grounds
the regulation of open spaces
public bathing
pleasure fairs or roller skating rinks
market places

Alternatively, the general power in section 235 of the Local Government Act 1972 enables the regulation of activities for the prevention and suppression of nuisances...

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Claire Ward

Anthony Collins Solicitors LLP

I worked in house in local government for 20 years working at a county and unitary council before joining Anthony Collins in 2022.I started in local government as an assistant solicitor specialising in employment law and sat as an Employment Tribunal Judge in Wales for ten years.As my career developed, I specialised in governance, project management and working with elected members. I am an experienced solicitor and now support local authorities nationwide, acting as a sounding board for council monitoring officers, chief executives and other senior officers on governance issues. I understand local government law and practice and offer practical advice and solutions. ...

Web page updated on 21/05/2026

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