Greater London Authority Act 1999 s.385 – Byelaws

(1)The Authority may make [^F697and enforce^F697] such byelaws to be observed by persons using Trafalgar Square or Parliament Square Garden as the Authority considers necessary for securing the proper management of those Squares and the preservation of order and the prevention of abuses there.

(2)Byelaws under this section may designate specified provisions of the byelaws as trading byelaws.

(3)A person who contravenes or fails to comply with any byelaw under this section shall be guilty of an offence and liable on summary conviction—

(a)if the byelaw is a trading byelaw, to a fine not exceeding level 3 on the standard scale, or

(b)in any other case, to a fine not exceeding level 1 on the standard scale.

(4)The provision that may be made in byelaws under this section includes provision for or in connection with—

(a)the licensing of any trading; and

(b)the seizure, retention or disposal of any property in connection with any contravention of or failure to comply with [^F698any byelaw under this section^F698] .

(5)The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.

(6)Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

[^F699 (6A)Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).^F699]

(7)In this section—

^M313 “Trafalgar Square” has the same meaning as in the Trafalgar Square Act 1844 ;
“Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 above.

Definitions used in section 385 2

the Authority: “the Authority” means the Greater London Authority;
Defined in s.424(1) · see it in the full Act
Mayor: “Mayor” means Mayor of London (but see also section 85(3A) above) ;
Defined in s.424(1) · see it in the full Act

Cases considering section 385 3

Hall & Ors v Mayor of London (On Behalf of the Greater London Authority)

[2010] EWCA Civ 817 · 16 July 2010Limits

The power to make byelaws for proper management, preservation of order and prevention of abuse forms part of the comprehensive statutory control supporting the Mayor’s standing to recover possession (see paras [28]–[33]). The provision was considered as part of the statutory scheme governing the Mayor’s control and regulation of Parliament Square Gardens (see paras [21]; [28]–[33]). The existence of summary criminal penalties did not bar an injunction. The judge could find exceptionally that prosecutions and level 1 fines would not deter continued breaches and would impose an undue enforcement burden (see paras [52]–[56]).

Barda, R (on the application of) v Mayor of London on Behalf of the Greater London Authority

[2015] EWHC 3584 (Admin) · 18 December 2015

Confirmed as providing a power to make byelaws securing the proper management of Parliament Square Gardens. The power remained available alongside the statutory regime in Part 3 of the Police Reform and Social Responsibility Act 2011 (see paras [5], [111]–[112]).

The Mayor of London v Hall & Ors (Rev 1)

[2010] EWHC 1613 (QB) · 29 June 2010Limits

The byelaw-making power supported a permission regime governing camping, speeches and assemblies. The provision did not itself provide the possession remedy, which arose from the Authority’s broader statutory rights. (see paras [91],[101],[122]) The criminal penalties for byelaw breaches did not replace or preclude civil possession proceedings. They were relevant to the exceptional injunction issue but did not determine possession. (see paras [122],[135]-[144])

What each judgment says about section 385 is in the case-law panel in the full Act.

Explanatory note

587.The Authority acting through the Mayor may make byelaws for the general regulation of the Squares. (These will replace the Parks and Other Open Places Regulations 1997, under which the squares were previously regulated.) The Mayor has an explicit power through the byelaws to regulate trading, and such byelaws may provide for the seizure and retention of property used in unauthorised trading. This would include the traders outlet and goods. This power would enable the Mayor to implement a regime to control illegal trading. The Secretary of State is the confirming authority for the byelaws. The maximum fine for contravening trading byelaws will be level 3 on the standard scale (£1000). The maximum fine for contravention of any other byelaws will be level 1 on the standard scale (£200).

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

F697Words in s. 385(1) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 7
F698Words in s. 385(4)(b) substituted (19.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 150(3), 157(1); S.I. 2011/2834, art. 2(j)
F699S. 385(6A) inserted (19.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 149(1), 157(1) (with s. 149(3)); S.I. 2011/2834, art. 2(i)

Marginal citations

M3131844 c. 60.