Local Government Act 1972, section 235

Power of councils to make byelaws for good rule and government and suppression of nuisances

Part XI General Provisions as to Local Authorities

(1)F1071,F1072The 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.

[F1073 (2A)Subsection (2) does not apply to byelaws of a class prescribed by regulations under section 236A(1).F1073]

(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.

Definitions used in section 235 4

district

and “district” means, in relation to a public body other than a local authority, the area for which the public body acts;

Defined in s.270(1) · see it in the full Act

“district”, without more, means, in relation to England, a metropolitan district or a non-metropolitan district;

Defined in s.270(1) · see it in the full Act
borough

4 In this Part of this Schedule “borough” does not include a London borough or a borough which becomes a parish by virtue of section 1(9) above.

Defined in Sch.1 Pt.V · see it in the full Act
the authority

(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to —

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to —

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.22(2) · see it in the full Act

(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to—

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to—

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.11(2) · see it in the full Act

(2E) In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.

Defined in s.100F(2E) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made by the Secretary of State;

Defined in s.270(1) · see it in the full Act

Cases considering section 235 5

The Mayor and Burgess of the London Borough of Richmond-upon-Thames v Alistair Trotman

[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]).

Akerman v London Borough of Richmond

[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.

Wolverhampton City Council and others v London Gypsies and Travellers and others

[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.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F1071Words in s. 235(1) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(2)(a); S.I. 2015/1025, art. 2(r) (with art. 3)
  2. F1072Words in s. 235(1) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 9(2)(b); S.I. 2015/1025, art. 2(r) (with art. 3)
  3. F1073S. 235(2A) inserted (E.) (3.3.2016) by The Byelaws (Alternative Procedure) (England) Regulations 2016 (S.I. 2016/165), reg. 1(1), Sch. 2 para. 5(2)

Modifications

  1. C994S. 235 amended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 43 (which s. 43 is repealed (18.2.1993) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(1)(2), 164(3), Sch. 15 para. 21, Sch. 16 Pt. IX); S.I. 1993/264
  2. C995S. 235 functions made exercisable concurrently (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 25(2)(xii)
  3. C996S. 235(3) restricted (5.8.2026) by Bus Services Act 2025 (c. 24), ss. 28(2), 41(5); S.I. 2026/834, reg. 2(b)