Agenda item

REPORT OF THE ACTING CORPORATE LEGAL MANAGER

RESOLVED:

(1)       That the outcome from the public consultations and the representations received be noted and given due consideration;

(2)       That the Revocation Byelaw set out at Appendix A to the report be made;

(3)       That the Revocation Byelaws set out at Appendices B, C and D to the report (which are subject to statutory confirmation from the appropriate Secretary of State before coming into force) be made; and

(4)       That Acting Corporate Legal Manager be authorised to undertake any necessary/consequential steps in relation to following the resolutions under (2) and (3) above.

REASON FOR DECISION: To ensure that byelaws for North Hertfordshire District Council are current, reflect modern society and are enforceable.

The Acting Corporate Legal Manager presented a report regarding the proposed revocation of the Council’s byelaws.  The following appendices were submitted with the report:

Appendix A– Revocation Byelaw – DCLG;

Appendix B – Revocation Byelaw - Department of Health;

Appendix C - Revocation Byelaw – Department of Transport;

Appendix D – Revocation Byelaw – Department of Environment, Food & Rural Affairs; and

Appendix E – Public Consultations Comments and responses.

The Acting Corporate Legal Manager advised that the byelaws issue last came before the Council in April 2017, when the reasons for the proposed revocations were set out in the report to that meeting, the major reason being that the byelaws had been largely superseded by subsequent legislation and were therefore no longer necessary.

The Acting Corporate Legal Manager stated that public consultation had taken place regarding the proposed revocations.  The first public consultation took place from 11 July 2017 to 22 September 2017.  34 responses were received (27 residents, 6 Parish Councils and 1 Community Organisation), with 79% being in favour of the revocations.  Public consultation had then taken place on the draft Revocation Byelaws themselves (from 20 November 2017 to 22 December 2017) and 2 responses were received (1 in favour and the other against).  As the response from the first consultation had been significantly greater, with a majority in favour, it was decided to continue with the revocations process.

The Acting Corporate Legal Manager explained that, if the Council agreed to the draft DCLG Revocation Byelaw set out at Appendix A to the report, this would come into force on 17 February 2018.  The consequential steps regarding the making of this Revocation Byelaw were set out in Paragraph 8.11 of the report.

In respect of the Revocation Byelaws set out at Appendices B, C and D to the report, the Acting Corporate Legal Manager commented that, as they fell within the responsibility of other Secretaries of State, they would need to be confirmed by the Secretary of State before coming into force.  The consequential steps for the making of these Revocation Byelaws were set out in Paragraph 8.12 of the report.

In conclusion, the Acting Corporate Legal Manager referred to an amendment to recommendation 2.4 of the report, where the word “consequently” should be replaced by the word “consequential”.

It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor Julian Cunningham, that the recommendations contained in the report, including the amended recommendation 2.4, be approved.

In response to a Member’s request, the Acting Corporate Legal Manager undertook to investigate the cost of the officer time spent in preparation of the byelaws report.

Following debate, and upon the motion being put to the vote, it was

RESOLVED:

(1)       That the outcome from the public consultations and the representations received be noted and given due consideration;

(2)       That the Revocation Byelaw set out at Appendix A to the report be made;

(3)       That the Revocation Byelaws set out at Appendices B, C and D to the report (which are subject to statutory confirmation from the appropriate Secretary of State before coming into force) be made; and

(4)       That Acting Corporate Legal Manager be authorised to undertake any necessary/consequential steps in relation to following the resolutions under (2) and (3) above.

REASON FOR DECISION: To ensure that byelaws for North Hertfordshire District Council are current, reflect modern society and are enforceable.