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Before an LA can introduce bye-laws, it has to obtain the confirmation of
the Secretary of State. That requirement will no longer apply when Local
Government and Public Involvement in Health Act 2007 comes into
force. This will allow the Secretary of State to prescribe classes of byelaws
that can be introduced by LAs themselves, and then enforced
through fixed penalty notices. This will make it much easier for LAs to
introduce bye-laws, and the regime of fixed penalty notices may well give
them the financial encouragement to then enforce those bye-laws.
Potentially, therefore, this is a significant change in local government
law. Details in [2008] SJ 5 February 12.
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March 2008 |