Byelaws are local laws established to address specific local issues. They are created by entities such as local authorities, under powers granted by Acts of Parliament, making them a form of delegated legislation.
The main legislation governing the creation and enforcement of byelaws is The Local Government Act 1972.
Typically, council byelaws apply to specific places like parks or regulate particular activities, such as tattooing.
Byelaws usually mandate or prohibit certain actions in designated locations, with penalties for non-compliance. Currently, offences against byelaws can attract fines, enforceable only through the Magistrates' Court.
Historically, councils needed government approval to create or revoke byelaws. The current Government plans to change this, allowing local authorities to make and revoke byelaws without always needing ministerial consent.
Proposed changes to parks and open spaces byelaws - update September 2024
Download the Proposed changes to Oxford City Council's parks and open spaces byelaws
Proposed changes to parks and open spaces byelaws - update July 2024
Following public support provided by the consultation for Oxford City Council to update its byelaws for its parks and open spaces, and subsequent approval by Full Council, the Council now intends to submit an application to the Secretary of State for endorsement.
As part of this process the Council is obliged to make the full Consultation Report, which also contains the Regulatory Assessment, available to those who may be affected by the byelaws. If you are interested to read this document, download the Report on the consultation and Statement of Regulatory Assessment for update to byelaws for parks and open spaces.
Printed copies are also available to view at the Town Hall reception (on St Aldate's). Printed copies can also be delivered to local libraries on request.
If the Secretary of State approves the application (the process takes around a month) there will be a further period of 28 days when the public can make further comment. Full Council will then review any additional feedback before making a final decision whether to endorse the new byelaws.
Public consultation on proposed changes to parks and open spaces byelaws - May 2024
Like most local authorities, Oxford City Council has a set of byelaws in place for its parks, nature areas and play facilities. These provide a basic set of rules around the use of these public spaces to ensure people behave in ways which respect the enjoyment, wellbeing and safety of others. They also aim to ensure the protection of habitats, wildlife and the wider environment.
A public consultation was held to obtain feedback on proposals to update the byelaws. The consultation ran from Monday 12 February until Monday 8 April 2024. Read more about the proposals.
The consultation has now closed.
We asked
For your feedback on the proposal to update the City Council byelaws for the Parks and Open Spaces, which have not been updated for nearly 30 years. The consultation consisted of a widely publicised, open-to-all, online questionnaire, combined with a proactive approach to a wide range of stakeholders for the Council’s green spaces.
The total number of responses to the online survey was 523. Other comments and suggestions were provided separately from the online survey via email/letter. In addition to recording the quantifiable number of votes in support or opposition to the overall proposal and individual byelaws, all of the comments submitted on the online survey, and those provided separately, were reviewed to identify general feedback themes, concerns and suggestions.
You said
- A majority (60%) of respondents voted in support for the proposed updated byelaws in general
- A majority, and in most cases significant majority, voted in support of each of the individual updated byelaws proposed
- A majority supported lifting the blanket ban on cycling in parks, but a strong desire was expressed for it to be retained for Hinksey Park (other than use of the designated cycle route), and at the Trap Grounds and Lye Valley nature areas (where there are fragile wetland boardwalks and habitats)
- Despite general support for the byelaw relating to potential misuse of play areas by teenagers, a number of respondents questioned the appropriateness and viability to enforce an arbitrary age, and it was suggested any clear misuse of play areas could be dealt with instead through use of a general byelaw relating to causing obstruction or annoyance to others
- A significant majority of respondents did not feel they would be unduly impacted by the application of the updated byelaws other than in relation to cycling in parks (reflecting consideration of both positive and negative impacts: the views of cyclists who would be negatively impacted by its retention and positively by the lifting of the ban; and the views of those who think there could be a potentially negative impact on pedestrians by lifting the ban)
- There was a significant majority in favour of revoking the old byelaws regarding ball games, tree climbing and wild swimming
- A majority supported the proposal to revoke the existing set of byelaws for Shotover Country Park and include the site under the general park byelaws
We propose
That based on your feedback, the draft updated set of byelaws presented for consultation could provide the substantial basis for a revised proposal, but they should be reviewed and updated to take account of areas of concern, and, where appropriate, changes made in line with suggested clarifications and additions.
The Council will now take time to further consider the proposals and recommendations. If there is a decision to progress, the updated proposals will be advertised again, and there will be another opportunity for further public comment later in the year.
