(1)The council of a district ... and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district ... or borough, as the case may be, and for the prevention and suppression of nuisances therein.
(2)The confirming authority in relation to byelaws made under this section shall be the Secretary of State.
(2A)Subsection (2) does not apply to byelaws of a class prescribed by regulations under section 236A(1).
(3)Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.
Cases considering section 235 5
[2024] EWHC 9 (KB) · 9 January 2024
The court treated section 235 as the source of the local authority’s power to make mooring byelaws for good rule and government and nuisance prevention, and accepted the byelaws as valid and enforceable (see paras [15] and [19]).
[2017] EWHC 84 (Admin) · 27 January 2017Limits
The provision authorised the council to make byelaws for good rule and government and for preventing and suppressing nuisances. Restrictions directed primarily at preventing permanent mooring from obstructing access to the river and its banks fell within that power. (see paras [3]; [22]-[23])
The council’s dominant purpose of preventing obstruction of the riverbank and access to the river constituted the prevention or suppression of nuisance authorised by this subsection. (see paras [3]; [22]-[23])
The provision identified the Secretary of State as the confirming authority for the byelaws. (see paras [3]-[4])
Cited only.
[2023] UKSC 47 · 29 November 2023
The subsection empowers English district councils and London borough councils to make byelaws for good rule and government and for preventing and suppressing nuisances. The practicability of such byelaws must be considered before newcomer relief is granted. (see paras [210]; [215]-[217])
What each judgment says about section 235 is in the case-law panel in the full Act.