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Local Government Byelaws (Wales) Act 2012

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This is the original version (as it was originally enacted).

6Byelaws not requiring confirmation

This section has no associated Explanatory Notes

(1)This section applies to byelaws made by a legislating authority under the enactments listed in Part 1 of Schedule 1, including byelaws which amend or revoke byelaws previously made by it.

(2)Before it makes a byelaw, an authority must –

(a)publish on the authority’s website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw;

(b)consult any person (including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue.

(3)Following the consultation, the authority must consider the responses and decide whether making a byelaw is the most appropriate way of addressing the issue.

(4)The authority must then publish on its website a second written statement which contains –

(a)the initial written statement;

(b)a summary of the consultation and the responses;

(c)its decision;

(d)the reasons for that decision.

(5)At least six weeks before the byelaw is made, notice of the intention to make the byelaw must be published –

(a)in one or more local newspapers circulating in the area to which the byelaw is to apply;

(b)on the authority’s website.

(6)For at least six weeks before making the byelaw, the authority must ensure that –

(a)a draft of the byelaw is published on the authority’s website;

(b)a copy of the draft is deposited at a place in the authority’s area;

(c)a copy is open to public inspection at all reasonable hours without payment;

(d)where applicable, a copy is sent to all community councils whose areas the authority thinks are likely to be affected by the byelaw.

(7)The authority must give a copy of the draft byelaw to any person who applies for it, subject to that person paying such reasonable fee charged by the authority (if any).

(8)An authority may not make a byelaw later than six months after the date of the notice under subsection (5).

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