At the last Council Meeting we
agreed to a number of bye laws which I was very pleased about.
May I ask at what date these will be notified and come into force
and further details of plans to enforce them?
Before coming into force, the
byelaws need to be advertised in a local paper. The Council then
has to wait a month from the date of the advertisement and then
apply to the Office of the Deputy Prime Minister (ODPM) to have
the byelaws officially confirmed. The ODPM estimates that it
takes two weeks to confirm byelaws from receipt of the application,
provided it is satisfied and there are no objections. There then
has to be a further month (at least) from the date of confirmation
before they come into force. Using these time limits, a timetable
showing the earliest date that they could come into force is
set out below. Please note that that this could be extended by
circumstances outside the Council's control - if, for example,
objections are received or where the OPDM takes longer than indicated.
Stage no
Description
Date (estimates where future
dates)
1
Sealing of byelaws
20 February 2004
2
Advertising of byelaws
27 February 2004
3
Application to the ODPM for
confirmation of the byelaws
No earlier than 29 March 2004
4
Confirmation of byelaws
14 April 2004 (approx - see
main text)
5
Coming into force
of byelaws
(No earlier than one month from
Stage 4, usually on the 1st day of the month) - 1 June 2004
Enforcement
Either the Police or the Council
can prosecute people who are alleged to have infringed the byelaws.
The Council will notify the Police of the new byelaws once they
are confirmed.
A - Police
The police could bring could
either bring a prosecution themselves (via the Crown Prosecution
Service) or they could refer the matter to us. They will be able
to point out to offenders that they are committing an offence
and this ought to have some deterrent effect.
B - The Council
Signs will need to be erected
to alert potential offenders to the illegality of what they are
doing and it is hoped that these will have a deterrent effect.
As with the Police, appropriate
officers will be able to warn people infringing byelaws that
they risk prosecution.
In the event of a possible prosecution,
Legal Services would assess the relevant evidence against the
Council's prosecution policy and decide whether or not to prosecute
on a case by case basis. Should a prosecution be brought, it
would be in the Magistrates' Court. If an offender is found (or
pleads) guilty, the Council may ask the Court to order him/her
to compensate the Council for any financial loss and to pay the
costs of the proceedings, although the final decision is with
the Court.
The most likely officers to be
involved in providing evidence will be Neighbourhood Wardens,
Housing Officers and the Parks Rangers, although other Council
enforcement staff could be involved in specific cases. Members
of the public may also give evidence.