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Byelaws are laws which are made by a local authority and only apply within a specific geographical area. This page provides copies of byelaws that operate in our area, along with contact information if you need to speak to anyone in the relevant department.
To discuss anything relating to these byelaws please email licensing@arun.gov.uk
Byelaws for the purposes of securing the cleanliness of premises registered under sections 14(2) or 15(2) or both, of the Local Government (Miscellaneous Provision) Act 1982 and fittings in such premises and of persons registered under sections 14(1) or 15(1) or both of the Act, and persons assisting them and of securing the cleansing and, so far as appropriate, sterilization of instruments, materials and equipment used in connection with the practice of acupuncture or the business of tattooing, semi-permanent skin-colouring, cosmetic piercing or electrolysis, or any two or more of such practice and businesses made by Arun District Council in pursuance of sections 14(7) or 15(7) or both of the Act.
(1) In these byelaws, unless the context otherwise requires -
(2) The Interpretation Act 1978 shall apply for the interpretation of these byelaws as it applies for the interpretation of an Act of Parliament.
(1) For the purpose of securing the cleanliness of premises and fittings in such premises a proprietor shall ensure that -
(2)
(3)
(1) For the purpose of securing the cleansing and so far as is appropriate, the sterilization of needles, instruments, jewellery, materials and equipment used in connection with treatment -
(1) For the purpose of securing the cleanliness of operators, a proprietor -
(2) Where an operator carries out treatment using only a hygienic piercing instrument and a proprietor provides either a hand hygienic gel or liquid cleaner, the washing facilities that the proprietor provides need not be for the sole use of the operator.
(3) Where an operator gives acupuncture a proprietor shall ensure that the operator wears disposable examination gloves that have not previously been used with another client, if -
A person registered in accordance with section 14 (acupuncture) or 15 (tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis) of the Act who visits people at their request to give them treatment should observe the requirements relating to an operator in paragraph 3(1)(a) and 4(1)(a).
6. The byelaws relating to the practice of Acupuncture, the business of Tattooing and the business of Ear Piercing and Electrolysis that were made by Arun District Council on the 14th day of May 1985 and were confirmed by the Secretary of State for Social Services on 19th August 1985 are
Authorised Signatory
Seal Book No. 67/2013
The foregoing byelaws are hereby confirmed by the Secretary of State for Health on 3rd June 2013 and shall come into operation on 1 July 2013.
Member of the Senior Civil Service Department of Health
Rules relating to the control of dogs can be found on our dogs page.
To discuss anything relating to these byelaws please email licensing@arun.gov.uk
To discuss anything relating to these byelaws please contact legal.services@arun.gov.uk
Byelaws made under section 235 of the Local Government Act 1972 by Arun District Council for the good rule and government of the District of Arun and for the prevention and suppression of nuisances.
1. In these byelaws:
2.
3. No person shall without lawful authority ride or lead any horse, or cause any horse to be ridden or led upon any road margin or verge to which this byelaw applies.
4.
5. No person shall skate, slide or ride on rollers, skateboards or other self propelled vehicles on any footway or carriageway in such a manner as to cause danger or give reasonable grounds for annoyance to other persons using the footway or carriageway.
6. No person shall play football or any other game on land adjacent to a highway in a manner likely:
7. No person shall play football or any other game on a highway or on land adjacent to a highway in such a manner as to give reasonable grounds for annoyance to any person living nearby.
8. No person shall in any street or public place -
9. No person shall urinate or defecate in any street or public place.
10. No person shall without lawful authority move or tamper with any lamp, reflector or other equipment used for giving warning of, or lighting, any obstruction, excavation or other danger in any road.
11. Except in case of emergency, no person shall remove, displace or otherwise interfere with any life saving equipment placed by the Council or any other competent authority in any street or public place.
12. No person shall without lawful authority remove, displace or otherwise interfere with any street name plate or direction post erected by the Council.
13.
14. No person shall in any street or public place between 2300 hours and 0600 hours continuously shout or sing loudly to the disturbance or annoyance of residents.
15. Any person offending against these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
16.
The bridges referred to in byelaw 13 are as follows:
Delwyn Jones
Authorised Signatory
Seal Book No. 114/2006
These Byelaws are confirmed by the Secretary of State and shall come into operation on 21st August 2006.
Signed by Authority of the Secretary of State
P. Rowsell Senior Civil Servant in the Department for Communities and Local Government Date 21st July 2006
This is a true copy of the Byelaws as confirmed by the Secretary of State for the Home Office
Sara Wendy Ashenden-Bax
Solicitor to the Council
To discuss anything relating to these byelaws please contact licensing@arun.gov.uk
Made under Section 68 of the Town Police Clauses Act 1847, and Section 171 of the Public Health Act 1875 by the Arun District Council with respect to hackney carriages in the Arun District.
1. Throughout these byelaws “the Council” means the Arun District Council and “the district” means the Arun District.
Provisions regulating the manner in which the number of each hackney carriage corresponding with the number of its licence, shall be displayed and the manner in which the number of persons to be carried by such hackney carriage is to be shown on such carriage.
2.
3. The proprietor of a hackney carriage shall cause the interior plate, issued by the Council, bearing the number of passengers prescribed in such licence, to be securely fixed in the interior of the vehicle in such a position that it shall be clearly visible at all times to passengers conveyed therein.
4. The proprietor of a hackney carriage shall:-
5. A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto.
6. A proprietor or driver of a hackney carriage, when standing or plying for hire, shall not, by calling out or otherwise, importune any person to hire such carriage and shall not make use of the services of any other person for the purpose.
7. The driver of a hackney carriage shall behave in a civil an orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.
8. The proprietor or driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.
9. A proprietor or driver of a hackney carriage shall not:-
10. The driver of a hackney carriage shall not whilst the carriage is hired convey in a hackney carriage any animal belonging to or in the custody of himself or the proprietor of the vehicle. Any animal belonging to or in the custody of any passenger which in the driver’s discretion may be conveyed in the hackney carriage, shall only be conveyed in the rear of the vehicle.
11. The driver of a hackney carriage shall, when standing or plying for hire, and when hired, wear the driver identity badge provided by the Council in such position and manner as to be plainly visible.
12. The driver of a hackney carriage so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the carriage:
13. The proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search the carriage for any property which may have been accidentally left therein.
14. The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage, be found by or handed to him, carry it as soon as possible and in any event within 48 hours, if not sooner claimed by or on behalf of its owner, to the nearest Police Station and leave it in the custody of the officer in charge.
15. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding One Hundred Pounds and in the case of a continuing offence to a further fine not exceeding Five Pounds for each day during which the offence continues after conviction thereof.
16. The byelaws relating to hackney carriages which were made by the Council on the 14th day of September 1984 and which were confirmed by the Secretary of State for Transport on the 19th November 1984 are hereby repealed.
DAVID DONGRAY for Solicitor to the Council
The foregoing Byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 1st day of April 1987
H. FAWCETT An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport.
16th January 1987
This is a true copy of the byelaws as confirmed by the Secretary of State for Transport.
K.P. Hunt, Director of Environment and Leisure
Byelaws made by the Arun District Council by virtue of the powers conferred on the Council by Section 68 of the Town Police Clauses Act 1847 and Section 171 of the Public Health Act 1875 with respect to hackney carriages.
The series of Byelaws relating to hackney carriages made by Arun District Council on 31st October 1986 and confirmed by the Secretary of State on 16th January 1987 are hereby amended by the addition of the following Byelaw which shall be read and construed as one of the aforesaid series:-
“17. The driver of a hackney carriage shall not smoke whilst conveying any person in such hackney carriage for hire, except with the permission of the hirer.”
DOUGLAS HAMILTON Solicitor to the Council
The foregoing byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 15th day of October 1990
R. ATKINS An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport.
Byelaws made by Arun District Council by virtue of the powers conferred on the Council by Section 68 of the Town Police Clauses Act 1847 and Section 171 of the Public Health Act 1875 with respect to hackney carriages.
The series of Byelaws relating to hackney carriages made by Arun District Council on 31st October 1986 and confirmed by the Secretary of State on 16th January 1987 are hereby amended by the addition of the following Byelaws which shall be read and construed as part of the aforesaid series:-
18. The proprietor of a hackney carriage shall cause the same to be provided with a taximeter so constructed, attached and maintained as to comply with the following requirements, that is to say
19. The driver of a hackney carriage provided with a taximeter shall:-
20. The proprietor or driver of a hackney carriage shall be entitled to demand and take for the hire of the hackney carriage the rate or fare prescribed by the Council the rate of fare being calculated by distance unless the hirer expresses at the commencement of the hiring his desire to engage by time.
Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.
21.
DOUGLAS HAMILTON Solicitor to the Council
The foregoing Byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 8th day of April 1991
An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport.
Byelaws made by the Arun District Council by virtue of their powers conferred on the Council by Section 68 of the Town Police Clauses Act 1847 and Section 171 of the Public Health Act 1875 with respect to hackney carriages.
The series of Byelaws relating to hackney carriages made by Arun District Council on 31st October 1986 and confirmed by the Secretary of State on 16th January 1987 are hereby amended by the addition of the following Byelaw which shall be read and construed as one of the aforesaid series:-
22. The driver of a hackney carriage shall not keep the engine of the carriage running whilst the same is standing for hire.
DOUGLAS HAMILTON Solicitor to the Council
Seal book No: 377/92
The foregoing Byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 22nd day of February 1993
An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport.
To discuss anything about these byelaws please contact engineering.services@arun.gov.uk
These Guidelines have been prepared to give information to owners of land on which there is an ‘ordinary watercourse’ or where there is one located adjacent to the boundary of their land. The Guidelines are to be read in conjunction with Arun District Council’s Land Drainage Byelaws approved by the Secretary of State for Environment Food & Rural Affairs on 301 September 2004 but do not form any part of the Byelaws and are issued for clarification of application and interpretation.
Reference in these Guidelines and Byelaws to the Act means the Land Drainage Act 1991.
The information particularly relates to a landowner’s ‘riparian’ responsibilities in respect of ‘ordinary watercourses’, and a drainage authority’s powers, where there is an obstruction to flow, a risk of flooding or flooding has occurred.
The Environment Agency has Byelaws applicable to ‘main rivers’ and ‘Internal Drainage Board (IDB) watercourses’ that are essentially similar. Under the Act, Arun District Council Byelaws can only be applied to ‘ordinary watercourses’ in Arun District Council’s area that are not ‘main rivers’ or ‘IDB watercourses’. In the Arun District Council area IDBs are administered by the Environment Agency. As far as possible Arun District Council Byelaws for ‘ordinary watercourses’ are consistent with Environment Agency Byelaws.
‘Main rivers’ are shown on a statutory plan, a copy of which is held at the local Environment Agency office at Guildbourne House, Chatsworth Road, Worthing, West Sussex BN11 1LD.
‘Ordinary watercourses’ are defined but not specifically identified on a statutory plan. In practice, ‘ordinary watercourses’ may range from a reasonable sized ditch with a constant flow to nothing more than a depression which carries water infrequently. Within the meaning of the Act ‘watercourses’ may also be culverted (i.e. piped). Whilst these watercourses may now take run off from highways and surface water sewers serving properties, the original base flow will be from a land drainage source.
‘Watercourses’ are defined as a river, stream, ditch, drain, culvert, dyke, sluice and passages through which water flows (other than public and private sewers)
Roadside ditches may be in one of three categories
Within Arun District Council’s area West Sussex County Council are the Highway Authority.
‘Riparian Owners’ are those who have an open or culverted (piped) watercourse either directly on their land or directly abutting the boundary of their land. This includes an open or culverted watercourse outside the property and adjacent to the road.
‘Riparian Owners’ are responsible for maintaining the watercourse and any associated structures (i.e. headwalls, screen, weir etc.) and primarily to keep them free of any obstructions that may impede flow in the watercourse. These land drainage obligations must be exercised with due care and must not cause or perpetuate a nuisance.
Failure by ‘Riparian Owners’ to maintain a watercourse and keep it clear of obstructions may result in -
‘Occupiers’ may have control of the land and application of ‘riparian ownership’ obligations will be subject to an individual interpretation of the circumstances in each case.
Arun District Council’s powers to make Land Drainage Byelaws to ‘secure efficient working of the drainage system in its area’ originate from S66 of the Land Drainage Act 1991.
The Act confers powers on local authorities relating to flood prevention and maintaining flows in watercourses. These powers are permissive, giving local authorities discretion over their use.
Local authorities also have powers available to them under the Public Health Act 1936 which can be exercised when a land drainage problem creates a statutory nuisance or a situation which is prejudicial to health.
Where problems relate to ditches and culverts at the side of the road that cause flooding of the highway, Arun District Council is likely to refer them to the Highway Authority, West Sussex County Council, who have similar powers to require ‘riparian owners’ to carry out remedial works.
Arun District Council may decide to exercise the permissive powers if it is approached by property owners affected by badly maintained or obstructed watercourses and they have been unable to get a ‘riparian owner’ to carry out necessary works.
In the first instance, Arun District Council will try to resolve the problem informally by explaining ‘riparian ownership’ responsibilities and agreeing the work that is required to the watercourse to rectify the problem. If this approach is unsuccessful, Arun District Council may require and enforce ‘riparian owners’ to carry out works using powers under S25 of the Land Drainage Act 1991 where the flow of water is impeded and the condition needs to be remedied.
A formal Notice will be served by the Council’s Solicitor if there is no action by the ‘riparian owner’ to remedy the situation. Prior approval of the Environment Agency will be sought by the Council before issue of the Notice. The recipient of the Notice has the right of appeal to a Magistrate’s Court. lf the work is not carried out and the recipient does not appeal within the statutory time scales, the Council may carry out the work and recover the costs reasonably incurred.
Under S263 of the Public Health Act 1936 the Council has powers to remedy statutory nuisances which may include clearance of blockages. Arun District Council will set up procedures for dealing with rubbish dumping, garden waste and fly tipping in ditches where there is no immediate risk of flooding.
In order to alleviate the potential risk of flooding, a Land Drainage Consent is required from the Environment Agency for anything which might affect the flow in an ‘ordinary watercourse’ including construction or alteration of dams, weirs, mills, channel diversions and culverts (piping).
No person shall without the previous consent of the Environment Agency construct a culvert or any flow control structure (such as a weir) on any ordinary watercourse. Culverting of any existing open watercourse requires specific consent from the Agency.
In due course Arun District Council will develop and agree with the Environment Agency where new discharge consents to ‘ordinary watercourses’ are necessary.
Any proposals for construction or excavation (including temporary works) within 8m of ‘main rivers’ will require a Land Drainage Consent from the Environment Agency.
The Council wishes to adopt a more active role in terms of biodiversity when undertaking ditch clearance and where possible the Council will respect the time of year for carrying out work subject to assessment of the flooding risks and impact.
All reasonable precautions should be taken to ensure that the work in any watercourse or waterbody is done in an environmentally sensitive manner such that it will not cause unnecessary damage to fauna, flora and habitats.
The Council has prepared a Biodiversity and Ditch Management good practice guide (Appendix attached) for use by contractors and landowners where appropriate. It is based upon national guidelines from the Environment Agency and English Nature. In exceptional circumstances, any criminal sanctions would be related to specific statutory requirements and ‘reasonable precautions’ would be assessed against the national recommendations.
The erection of post and rail fences crossing watercourses is acceptable but provision for access to undertake maintenance should always be borne in mind.
The erection of fences on either side of a ditch running between properties does not alter joint ‘riparian ownership’ responsibility for the ditch but clearly makes it more difficult and costly to practically meet their obligations. Unless specifically stated to the contrary, the normal convention is that the boundary will be along the centre line of the ditch and not at the fence or hedge.
Notice is hereby given that Arun District Council intend to apply at the expiration of one calendar month from the date of the publication of this Notice to the Secretary of State for Environment Food and Rural Affairs for the confirmation of byelaws made by the Council for the purpose of preventing flooding or remedying or mitigating any damage caused by flooding in this area. During a period of one calendar month from the date of publication of this Notice, a copy of the said byelaws will be kept at the offices of the Council at Arun Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF and Bognor Town Hall, Clarence Road, Bognor Regis, West Sussex P021 1LD.
The byelaws will be open to public inspection on any weekday during normal office hours. During the same period a copy of the byelaws will be supplied on demand (free of charge) to any person on application to the Engineering Services Section of the Council at Arun Civic Centre, Littlehampton. Any objection to the confirmation of the byelaws should be made in writing and addressed to the Department for the Environment Food and Rural Affairs, Area 38, Ergon House, Horseferry Road, London, SW1P 2AL within six weeks of the date of publication of this Notice.
W. Ashenden-Bax Solicitor to the Council
Arun District Council, Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF
Dated: 10th June 2004
Arun District Council under and by virtue of the powers and authority vested in them by Section 66 of the Land Drainage Act 1991, do hereby make the following Byelaws which are considered necessary for securing the efficient working of the drainage system in their District, so far as may be necessary for the purpose of preventing flooding or remedying or mitigating any damage caused by flooding:
These Byelaws shall come into operation on 30th October 2004 this being at the expiration of one month beginning with the day on which they are confirmed by the Secretary of State.
Any person having control of any sluice, slacker, floodgate, lock, weir, dam, pump, pumping machinery or other structure or appliance for introducing water into any watercourse in the Area or for controlling or regulating or affecting the flow of water in, into or out of any watercourse shall use and maintain such sluice, slacker, floodgate, lock, weir, dam, pump, pumping machinery, structure or appliance in accordance with such reasonable directions as may from time to time be given by the Council with a view to the prevention of flooding in the Area.
No person shall as a result of development (within the meaning of Section 55 of the Town and Country Planning Act 1990 as amended (“the Act”) (whether or not such development is authorised by the Act or any regulation or order whatsoever or none of them for any purpose by means of any channel, siphon, pipeline or sluice or by any other means whatsoever introduce any water into any watercourse in the District so as to directly or indirectly increase the flow or volume of water in any watercourse in the District without the previous consent of the Council.
Provided that the foregoing shall not apply to any action taken in an emergency so long as notice in writing of such action is given to the Council as soon as practicable.
No person shall, without the previous consent of the Council, take any action, or knowingly permit or aid or abet any person lo take any action to stop up any watercourse or divert or impede or alter the level of or direction of the flow of water in, into or out of any watercourse.
No person shall, so as directly or indirectly to obstruct, impede or interfere with the flow of water in, into or out of any watercourse or so as to damage the bank:
Provided that nothing in this Byelaw shall be deemed to render unlawful the growing or harvesting of crops in accordance with normal agricultural practice.
No person shall light or cause or permit to be lighted or commit any action liable to cause to be lighted any fire on any land adjoining the watercourse where such action is liable to set on fire the peat land forming the banks of the watercourse or any trees, willows, shrubs, weeds, grasses or any other vegetable growths growing on land forming the banks of the watercourse.
Any person having control of any watercourse shall, upon receipt of a notice served on him by the Council requiring him so to do, cut down and keep cut down all trees, willows, shrubs, weeds, grasses, reeds, rushes or other vegetative growths growing in or on the bank of a watercourse, within such reasonable time as may be specified in the notice, and shall remove such trees, willows, shrubs, weeds, grasses, reeds, rushes or other vegetable growth from the watercourse immediately after the cutting thereof.
Provided that, where a hedge is growing on the bank of a watercourse, nothing in this Byelaw shall require more than the pruning of the hedge so as to prevent it from growing over or into the watercourse, and the removal of the resultant cuttings.
No person without the previous consent of the Council shall erect any building or structure, whether temporary or permanent, or plant any tree, shrub, willow or other similar growth within 3 metres of the landward toe of the bank where there is an embankment or wall or within 3 metres of the top of the batter where there is no embankment or wall, or where the watercourse is enclosed within 3 metres of the enclosing structure.
The owner of any building or structure in or over a watercourse or on the banks thereof shall, upon receipt of a notice from the Council that because of its state of disrepair:
carry out such reasonable and practicable works as are specified in the notice for the purpose of remedying or preventing the obstruction or damage as the case may be within such reasonable time as is specified in the notice.
The occupier of any bank of a watercourse or any part thereof shall, upon being required by the Council by notice, within such reasonable time as may therein be specified, take such steps as are specified in the notice, being such steps as the Council consider necessary and practicable for preventing the bank from becoming infested by rabbits, rats, coypu, foxes and moles or any other wild mammal not being an animal listed in Schedule 5 or Schedule 6 to the Wildlife and Countryside Act 1981, but excluding the water vole from such control.
All persons using or causing or permitting to be used any bank of any watercourse for the purpose of grazing or keeping any animal thereon shall take such steps including fencing as are necessary and reasonably practicable and shall comply with such reasonable directions as may from time to time be given by the Council to prevent the bank or the channel of the watercourse from being damaged by such use.
Provided that nothing in this Byelaw shall be deemed to affect or prevent the use of, for the purpose of enabling animals to drink at it, any place made or to be made or constructed as approved by the Council.
No person shall use or drive or permit or cause to be used or driven any cart, vehicle or implement of any kind whatsoever on, over or along any bank of a watercourse in such manner as to cause damage to such bank.
No person shall use or cause or permit to be used any bank of any watercourse for the purpose of depositing or stacking or storing or keeping any rubbish or goods or any material or things thereon in such a manner which by reason of the weight, volume or nature of such rubbish, goods, material or things causes or is likely to cause damage to or endanger the stability of the bank or channel of the watercourse or interfere with the operations or access of the Council or the right of the Council to deposit spoil on the bank of the watercourse.
No person shall without the previous consent of the Council dredge or raise or take or cause or permit to be dredged or raised or taken any gravel, sand, ballast, clay or other material from the bed or bank of any watercourse.
1. No person shall without the previous consent of the Council:
2. Provided that -
No person shall place or cause to be placed or abandon or cause to be abandoned upon the foreshore any trees, roots of trees, branches, timber, tins, bottles, boxes, tyres, bricks, stones, soil, wire, rubbish or other objects or matter whatsoever which (whether immediately or as a result of subsequent tidal action) may impede or be likely to impede the flow of water through the sluices or outfall pipes through the tidal banks or through the watercourses on such foreshore or impede or be likely to impede the operation of such sluices or outfall pipes or may cause or be likely to cause damage thereto.
No person shall without lawful authority interfere with any sluice, slacker, floodgate, lock, weir, dam, pump, pumping machinery or any other structure or appliance for controlling or regulating the flow of water in, into or out of a watercourse.
No person shall interfere with or damage any bank, bridge, building, structure, appliance or other property of or under the control of the Council.
No person shall deface or remove any notice board, notice or placard put up by the Council.
No person shall obstruct or interfere with any member, officer, agent or servant of the Council exercising any of his functions under the Act or these Byelaws.
Nothing in these Byelaws shall:
Notices and any other documents required or authorised to be served or given under or by virtue of these Byelaws shall be sufficiently served or given if in writing under the hand of a duly authorised Officer of the Council in the manner prescribed by Section 71 of the Act.
In these Byelaws, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say:
Expressions used in this definition and in the Railways Act 1993 have the same meaning in this definition as they have in that Act, and a network such as is described in (a) above shall not cease to be such a network where it is modified by virtue of having any network added to it or removed from it.
“Watercourse” includes all rivers, streams, ditches, drains, culverts, cuts, dykes, sluices and passages through which water flows (other than public and private sewers);
Other expressions in these Byelaws shall have the same meanings as in the Act.
W. Ashenden-Bax Solicitor to the Council
Arun District Council, Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF
By Section 66[6] of the Act every person who acts in contravention of or fails to comply with any of the foregoing Byelaws is liable on summary conviction in respect of each offence to a fine not exceeding the amount prescribed from time to time for level 5 on the standard scale referred to in Section 37 of the Criminal Justice Act 1982 and a further fine not exceeding forty pounds [£40.00] for every day on which the contravention or failure is continued after conviction. By Section 66[7] of the Act if any person acts in contravention of or fails to comply with any of these Byelaws the Council may without prejudice to any proceedings under Section 66[6] of the Act take such action as may be necessary to remedy the effect of the contravention or failure and may recover the expenses reasonably incurred by it in doing so from the person in default.
The Secretary of State for Environment, Food and Rural Affairs, in pursuance of the powers conferred by Section 66 of, and paragraph 2 of Schedule 5 to, the Land Drainage Act 1991, HEREBY CONFIRMS these Byelaws.
M J Roberts
Dated: 30 September 2004
I hereby certify this to be a true copy.
M J Roberts for and on behalf of the Secretary of State
Dated: 30 September 2004
Department for Environment, Food and Rural Affairs
To discuss anything relating to these byelaws please contact events@arun.gov.uk
Byelaws for pleasure fairs made by the Arun District Council under section 75 of the Public Health Act 1961 as amended
1. These byelaws shall not apply to:
2. In these byelaws:
3.
4.
5. A person having control of any amusement device at a pleasure fair in which seating is provided for more than 30 persons shall ensure that seating and gangways are fixed and arranged to the satisfaction of the Council and the fire authority, and that:
6. The manager of a pleasure fair shall, where adequate sanitary accommodation is not already available within reasonable distance of all parts of such pleasure fair:
7. A person occupying any part of a pleasure fair shall, as respects that part, and the manager shall, as respects any part of the premises not occupied by some other person:
8. The manager shall cause all refuse and litter to be collected at suitably frequent intervals from all such receptacles as are maintained in the foregoing byelaw and to be removed to a place where it will not cause hazard or nuisance.
9. The manager shall ensure that:
10. On vacation of the site on which a pleasure fair has been held or any part thereof, the manager shall remove or cause to be removed any refuse or litter remaining thereon, so as to leave it in a clean and tidy condition.
11. Every person having control of a caravan shall ensure that it is sited in such a position that sufficient space is maintained between it and any other caravan or structure to allow for means of escape in case of fire.
12. Any person offending against any of the foregoing byelaws shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
13. It shall be a defence for a person to prove that he had taken all reasonable precautions and exercised all due diligence to prevent the commission of an offence under these byelaws.
14. The byelaws made by the Arun District Council on 1st September 1975 and confirmed by the Secretary of State on 14th November 1975 are hereby revoked.
Delwyn Jones Authorised Signatory
Seal Book No. 68/2009
These Byelaws are confirmed by the Secretary of State and shall come into operation one calendar month after the date of confirmation.
Signed by Authority of the Secretary of State
P.Rowsell Senior Civil Servant in the Department for Communities and Local Government
Date 8 September 2009
I certify that this is a true copy of the Byelaws as confirmed by the Secretary of State for the Communities and Local Government
Wendy Ashenden-Bax Solicitor to the Council
To discuss anything relating to these byelaws please contact parks@arun.gov.uk
With respect to PLEASURE GROUNDS and OPEN SPACES of the District of ARUN made by the District Council of Arun under Section 15 and Sections 12 and 15 of the Open Spaces Act 1906 and Section 164 of the Public Health Act 1875.
1. Throughout these byelaws the expression "the council" means the Arun District Council and the expression "the ground" means each of the pleasure grounds and open spaces referred to in the first schedule annexed hereto.
2. An act necessary to the proper execution of his duty in the ground by an officer of the Council or by any person or servant of any person employed by the Council shall not be deemed an offence against these byelaws.
3. A person shall not in the ground
4. A person shall not, except in pursuance of a lawful agreement with the Council or otherwise in the exercise of any lawful right or privilege, bring or cause to be brought into the ground any cattle sheep goats or pigs or any beast of draught or burden.
5. A person shall not, except in the exercise of any lawful right or privilege ride a horse in any of the grounds.
6.
Provided that where the Council set apart a space in the ground for the use of any class of vehicle this byelaw shall not be deemed to prohibit the driving in or to that space by a direct route from the entrance to the ground of any vehicle of the class for which it is set apart,
7. A person who brings a vehicle into the ground shall not wheel or station it over or upon
8. A person shall not in the ground skate on rollers skateboards wheels or other mechanical contrivances to the danger of any person using the ground.
9. A person shall not affix any bill placard or notice to or upon any wall or fence in or enclosing the ground or to or upon any tree or plant or to or upon any part of any building barrier or railing or of any seat or of any other erection or ornament in the ground.
10. A person shall not in the ground walk run stand sit or lie upon
11. A person shall not in the ground
12.
13. A person shall not in the ground play the sport or pursuit of archery discus shot hammer or javelin throwing drive pitch or chip a hard golf ball except in any part of the pleasure ground set apart for such activities.
14. Where the Council set apart any such part of the ground as may be fixed by the Council and described in a notice board affixed or set up in some conspicuous position in the ground for the purpose of any game specified in the notice board which by reason of the rules of manner of playing or for the prevention of damage danger or discomfort to any person in the ground may necessitate at any time during the continuance of the game the exclusive use by the player or players of any space in such part of the ground - a person shall not in any space elsewhere in the ground play or take part in any game so specified in such a manner as to exclude persons not playing or taking part in the game from the use of such a space.
15. A person resorting to the ground and playing or taking part in any game for which the exclusive use of any space in the ground has been set apart shall
16. A person shall not in the ground play cricket hockey football or any other ball game to the danger discomfort or annoyance of any other person using the ground.
17. A person shall not in any part of the ground which may have been set apart by the Council for any game play or take part in any game when the state of the ground or other cause makes it unfit for use and a notice is set up in some conspicuous position prohibiting play in that part of the ground.
18. A person shall not in the ground
19. A person shall not in the ground intentionally obstruct disturb or annoy any other person in the proper use of the ground or intentionally obstruct or disturb any officer of the Council in the proper execution of his duty or any person or servant of any person employed by the Council in the proper execution of any work in connection with the laying out or maintenance of the ground.
20. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding Fifty Pounds.
21. Every person who shall infringe any byelaw for the regulation of the ground may be removed therefrom by any officer of the Council or by any police constable in any one of the several cases hereinafter specified that is to say
22. The Byelaws relating to the ground which are contained in the Second Schedule hereto are hereby repealed.
Grounds for which Byelaws are made under Section 164 of the Public Health Act 1875 -
Grounds for which Byelaws are made under Section 15 of the Open Spaces Act 1906 -
Grounds for which Byelaws are made under Sections 12 and 15 of the Open Spaces Act 1906 -
Byelaws with respect to the undermentioned grounds | Dates of Confirmation | Authority by whom made |
---|---|---|
In Bognor Regis - Collyer Avenue Recreation Ground Hawthorn Road Recreation Ground Marine Park West Gardens Pavillion Gardens Waterloo Square Gardens |
11th August 1932 | Bognor Regis UDC |
Felpham Recreation Ground | 22nd August 1949 | Bognor Regis UDC |
In Littlehampton - Caffyns Field |
16th January 1973 | Littlehampton UDC |
Mewsbrook Pleasure Ground | 28th August 1957 | Littlehampton UDC |
Linden Park Recreation Ground Wick Recreation Ground |
2nd April 1952 | Littlehampton UDC |
The Green | 4th September 1911 | Littlehampton UDC |
In other parts of the District - Little Twitten Recreation Ground, Sea Lane, Ferring Village Green, Sea Road, East Preston Palmer Road Recreation Ground, Angmering Roundstone Drive and Lashmar Road, East Preston Glebe Recreation Ground, Ferring Village Green, Ferring Street, Ferring |
25th May 1966 (as amended 31st July 1969) | Worthing RDC |
Langmead Recreation Ground, East Preston | 20th January 1972 | Worthing RDC |
(Enclosed part of Grounds to which Byelaw 12(ii) relates)
Given under the Common Seal of the Arun District Council this 11th Day of May 1982
PL Owens, Secretary
The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into operation on 8th Day of December 1982.
Signed by authority of the Secretary of State
GI de DENEY
An Assistant Under Secretary of State
Home Office, London SW1
24 November 1982
This is a true copy of the byelaws as confirmed by the Secretary of State for the Home Office.
PL Owens, Secretary
To discuss anything related to these byelaws please contact engineering.services@arun.gov.uk
Byelaws made by the Arun District Council by virtue of the powers conferred on the Council by Section 82 and 83 of the Public Health Acts Amendment Act 1907 for the regulation of the Seashore and Promenades.
1. Throughout these Byelaws the following words and expressions have the meaning hereinafter respectively assigned to them :-
2. No person shall participate in any game, sport or pastime in a manner likely to interfere with or cause annoyance or danger to any users of the Foreshore or Promenade.
3. No person shall on the Promenade or Seashore beg or solicit alms, or for the purpose of selling or advertising any article or of obtaining custom, tout or importune either verbally or by the distribution of handbills, circulars or advertisements.
4. No person shall light any fire on the Seashore or Promenade to the danger or annoyance of any persons using the Seashore or Promenade.
5.
6. No person shall ride, drive or park any vehicle drawn or propelled by any mechanical power or sail any land yacht or ride any bicycle, tricycle, cyclomobile, skate-board or similar machine on any part of the Seashore or Promenade. Provided that this Byelaw shall not apply to any person riding, driving or parking any machine or vehicle otherwise than to the obstruction or danger of any other person lawfully using the Promenade or Seashore if the person so riding, driving or parking has lawful authority so to do. Provided also that this Byelaw shall not apply:-
7. No person shall erect, fix, deposit or leave upon the Promenade, or the seats or any other erections belonging to the Council thereon:-
to the danger, obstruction or annoyance of any person using the Promenade.
Provided that nothing in this Byelaw shall prohibit the depositing or leaving on the Promenade of any boat or fishing gear at any time when owing to stress or weather or high tides such a course may be necessary or expedient for the safety thereof; but a sufficient space or throughfare shall at all times be left clear along the promenade for the use of pedestrians and wheelchairs.
8. No person shall on the Seashore or Promenade intentionally obstruct or disturb any constable or officer of the Council in the proper discharge of his duties or any person employed by the Council in the proper execution of any work connected with the improvement, maintenance or regulation of the Seashore or Promenade.
9. A person shall not cause or suffer any dog belonging to him or in his charge to remain on the Promenade or Seashore unless such dog be and continue to be under proper control and effectively be restrained from causing annoyance to any person.
10. Every person who shall offend against any of the foregoing Byelaws shall be liable on summary conviction for every offence to a penalty not exceeding £100.00
11. Nothing contained in any of the foregoing Byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown of any estate or interest in or right over any foreshore below high water mark in the ownership of the Crown, or any part thereof, nor shall anything contained in or done under any of the provisions of the foregoing Byelaws in any respect prejudice or injurously affect the rights and interests of the Crown in such foreshore, or prevent the exercise thereon of any public rights, or prejudices or injuriously affect any right, power or privilege legally exercisable by the Council or any other person in, over and in respect of the Seashore.
12. The Byelaws contained in the Schedule hereto are hereby repealed.
Byelaws | Dates of Confirmation | Authority by Whom Made |
Seashore and Promenade | 15th August 1934 | Littlehampton UDC |
Beach, Sands, Foreshore, Parade or Promenade | 3rd March 1927 | Bognor Regis UDC |
Foreshore (so far they relate to Parish of Pagham) | 6th November 1934 | Chichester RDC |
Solicitor to the Council
The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 22nd day of April 1987.
Signed by authority of the Secretary of State
QJ THOMAS
An Assistant Under-Secretary of State
9th April 1987
Byelaws made by the Arun District Council by virtue of the powers conferred on the Council by Sections 82 and 83 of the Public Health Acts Amendment Act 1907 for the regulation of the Seashore and Promenades.
Byelaw 1 in respect of the Series of Byelaws relating to the Seashore and Promenade by Arun District Council on 18th November 1956 and confirmed by the Secretary of State on the 22nd April 1987 is hereby to read as follows:-
"The Seashore" means the Seashore in the District so far as it is for the time being vested or leased to the Council and shall include any sea wall constructed or maintained by the Council pursuant to the Coastal Protection Act 1949 and shall also include the seashore walkways and hardstandings situated in the Parish of Pagham and vested in the Pagham Parish Council.
Given under THE COMMON )
SEAL of the ARUN DISTRICT )
COUNCIL this 26th day of )
April 1990. )
Solicitor to the Council
Seal book No. 301/90
To discuss anything related to these byelaws please contact beaches@arun.gov.uk
Byelaws for the prevention of danger, obstruction or annoyance to persons bathing in the sea or using the seashore, made by the ARUN DISTRICT COUNCIL in pursuance of Section 76 of the Public Health Act 1961.
1. In these byelaws "navigator" means the person who, whether as owner or otherwise, has the charge or control of a pleasure boat and includes a person who being present, is entitled to give orders to the person having charge or control.
2. Except as provided in byelaw 3, these byelaws apply to the seashore within the Arun District from the east side of Pagham Harbour Entrance (OS Reference SZ 8808/9613) to a point 300 metres east of Sea Lane Ferring (OS Reference TQ 1031/0158) but excluding the entrance mouth of the river Arun and therefrom a distance seaward of 300 metres from mean low water mark.
3.
4. No person, being the navigator of a pleasure boat, shall cause or suffer such vessel to be driven or sailed in a dangerous manner or without due care and attention or without reasonable consideration for other persons.
5. No person, being the navigator of a pleasure boat propelled by an internal combustion engine, shall use the pleasure boat unless the engine is fitted with a silencer suitable and sufficient for reducing as far as may be reasonable the noise caused by the escape of the exhaust gases of the engine.
6. Any person offending against any of the foregoing byelaws shall be liable on summary conviction to a fine not exceeding £400.
7. Nothing contained in any of the foregoing byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown or any other person as owner of the foreshore and seabed below high water mark of any estate or interest in or right over such foreshore and seabed or any part thereof nor shall anything contained in or done under any of the provisions of the foregoing byelaws in any respect prejudice or injuriously affect the rights and interest of the Crown or of any such other person in such foreshore and seabed or prevent the exercise thereon of any public right or prejudice or injuriously affect any rights power or privilege legally exercisable in, over and in respect of the foreshore and seabed.
8. The Byelaws relating to Seaside Pleasure Boats which are contained in the Schedule hereto are hereby repealed.
Authority by Whom Made | Date of Confirmation |
Bognor Regis UDC | 27 September 1968 |
Chichester RDC | 27 February 1969 |
Littlehampton UDC | 27 May 1964 |
Worthing RDC | 26 November 1965 |
PL OWENS, SECRETARY
The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 10 day of April 1985.
Signed by authority of the Secretary of State
ME HEAD, an assistant under-Secretary of State
27 March 1985
Byelaws to regulate, for preventing danger to bathers, the navigation of sailboards, made by the ARUN DISTRICT COUNCIL in pursuance of Section 231 of the Public Health Act 1936.
1. In these byelaws "sailboard" means a vessel in the form of a raft with one or more sails designed to be navigated by a person standing upright thereon.
2. The Council hereby allots for public bathing at all times all areas of sea within the Arun District from the east side of Pagham Harbour Entrance (OS Reference SZ 8808/9613) to a point 300 metres east of Sea Lane Ferring (OS Reference TQ 1031/0158) but excluding the entrance mouth of the river Arun and therefrom a distance seaward of 600 metres from mean high water mark except a channel formed by groynes 1 and 2 near Walton Avenue and Gloucester Road, Bognor Regis and imaginary straight lines forming an extension seaward of those groynes.
3.
4. Any person offending against byelaw 3 shall be liable on summary conviction to a fine not exceeding £100.
5. Nothing contained in any of the foregoing byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown or any other person as owner of the foreshore and seabed below high water mark of any estate or interest in or right over such foreshore and seabed or any part thereof nor shall anything contained in or done under any of the provisions of the foregoing byelaws in any respect prejudice or injuriously affect the rights and interest of the Crown or of any such other person in such foreshore and seabed or prevent the exercise thereon of any public right or prejudice or injuriously affect any rights power or privilege legally exercisable in, over and in respect of the foreshore and seabed.
PL OWENS, SECRETARY
The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 10 day of April 1985.
Signed by authority of the Secretary of State
ME HEAD, an assistant under-Secretary of State
27 March 1985
For anything relating to these byelaws please contact beaches@arun.gov.uk
The Arun District Council, in exercise of the powers conferred upon them by Sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949, in accordance with Section 236 of the Local Government Act 1972, hereby make the following Byelaws for the protection of the Local Nature Reserve at West Beach in the Parish of Littlehampton in the County of West Sussex.
1. In these Byelaws:
2. Within the Reserve, the following acts are hereby prohibited except insofar as they may be authorised by a Permit issued by the Council in accordance with Byelaw 3, or are necessary to the proper execution of his or her duty by an officer of the Council or by any person, or servant of any person, employed or authorised by the Council.
3. The Council may issue permits authorising any person to do any act or class of acts within the Reserve or any part thereof which would otherwise be unlawful under these Byelaws.
Any such permit shall be issued subject to the following conditions:
4. These Byelaws shall not operate so as to interfere with the exercise:
5. Any person who offends against any of these Byelaws shall be liable on summary conviction to a fine not exceeding Level 2 as laid down in the Criminal Justices Act and, in any case of a continuing offence, to a further fine for each day during which the offence continues after the said conviction.
THE COMMON SEAL of the ARUN DISTRICT COUNCIL was hereunto affixed this 25th day of May 1995 in the presence of:-
Douglas Hamilton Authorised Signatory
The Secretary of State confirmed these Byelaws on 4 July 1995