Byelaws currently in force within the borough.

The request was successful.

Dear Middlesbrough Council,

I've previously contacted the council to try and find details of byelaws effective within the borough, I have however been unsuccessful in finding the information that I require.

Would you please provide me with a list of byelaws currently in force (or are already made and expected to come into force in the future) within the geographic boundaries covered by the council. For the list, please include a descriptive title for each byelaw and if the byelaw covers a specific geographic area (street, public area, etc), details of the area(s) covered.

Further, would you please advise how a member of the public can have access to the full text of the byelaws.

Yours faithfully,

R Glover

Middlesbrough Council

Dear Sir/Madam

REF NO: 2044.2.

Thank you for your recent enquiry, received on 9 June 2011. We can
confirm that your enquiry is receiving attention and a response will be
provided within 20 working days following receipt of your enquiry as
allowed under the Freedom of Information Act legislation.

In some circumstances a fee may be payable and if that is the case, I will
let you know the likely charges before proceeding.

Please do not hesitate to contact me direct on (01642) 729696/729698 or
email [Middlesbrough Council request email] should you require any further advice or
assistance with this or any other matter.

Yours sincerely

Steph Robson
Freedom Of Information Officer

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Emma Ryder, Middlesbrough Council

1 Attachment

Dear Sirs,

Whether or not a byelaw is in force could depend on whether or not the
enabling power has been repealed and whether any current or pending
repealing act either contains a provision preserving the validity of the
byelaw or the byelaw making power is in itself re-enacted.

Please find attached a list of the current byelaws:-

Please note these cover the extent of the Middlesbrough Area.
Public Copies held in Middlesbrough Reference Library

Please acknowledge safe receipt of this e-mail.
If you require any further information please do not hesitate to contact
me.

Kind Regards,

Emma Ryder
Junior Legal Assistant

Legal Services
Middlesbrough Council

Tel (01642) 729761
Fax (01642) 729882

email: [email address]

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Middlesbrough Council

Dear Sir/Madam

REF NO: 2044.2.
I am writing to confirm that Middlesbrough Council has now completed its
search for the information you requested on 9 June 2011.

In your request you asked for the following information:

I've previously contacted the council to try and find details of byelaws
effective within the borough, I have however been unsuccessful in finding
the information that I require.

Would you please provide me with a list of byelaws currently in force (or
are already made and expected to come into force in the future) within the
geographic boundaries covered by the council. For the list, please include
a descriptive title for each byelaw and if the byelaw covers a specific
geographic area (street, public area, etc), details of the area(s)
covered.

Response: Middlesbrough Council currently hold the following Byelaws on
file:-

County Borough of Teesside, Byelaw made under Section 68 of the Town
Police Clauses Act, 1847 and Section 171 of the Public Health Act, 1875
with respect of Hackney Carriages

County Borough of Teesside, Byelaws as to Common Lodging Houses, Public
Health Act 1936 Section 240 of the Public Health Act, 1936 with respect to
common lodging houses
Pre-dates the Council Tax (Administration and Enforcement) Act 1992. As
such whilst it is in force it is subject to amendment by that legislation

The Middlesbrough Borough Council, Byelaws for Tattooing made under Local
Government (Miscellaneous Provisions) Act 1982.

The Middlesbrough Borough Council, Byelaws for Acupuncture made under
Local Government (Miscellaneous Provisions) Act 1982
Amended by Local Government Act 2003 but still in force subject to that
legislation

The Middlesbrough Borough Council, Byelaws for Ear-Piecing and
Electrolysis made under Local Government (Miscellaneous Provisions) Act
1982 Due to be extended to cover body piercing

County Borough of Teesside, Byelaws as to Hairdressers and Barbers under
Public Health Act 1961, Section 77

Middlesbrough Council, Byelaws relating to The Employment of Children of
School Age within the Borough of Middlesbrough under Children and Young
Persons Act 1933 (as amended) Pre-dates Working Time Regs 1998 and is
therefore amended and subject to the same

County of Cleveland, Byelaws relating to The Employment of Children and
Street Trading by Persons Under Eighteen Years of Age within the County of
Cleveland under Children and Young Persons Act 1933 to 1963 (as amended by
the Education Acts 1944 to 1976 and the Children Act 1972) Pre-dates
Working Time Regs 1998. See above

The Middlesbrough Borough Council, Byelaw Prohibiting the Taking of Dogs
into Cemeteries under section 214 Local Government Act 1972 Pre-dates
Clean Neighbourhoods and Environment Act 2005 and is therefore subject to
the same

County Borough of Teesside, Byelaw for the Good Rule and Government of the
Borough Currently under consideration for amendment as part reveoked.

The Middlesbrough Borough Council, Byelaw for Markets made under section
61 of the Food and Drugs Act 1955 and Section 37 of the Teesside
Corporation 1971

County Borough of Teesside, Byelaws as to Certain Nuisances under the
Public Health Act 1936 Section 81 Pre-dates Clean Neighbourhood
Act/ Public Health Act 2005. See above.

The Middlesbrough Borough Council, Byelaws for Pleasure Fairs made under
Section 75 of the Public Health Act 1961 (as amended by Section 22 of the
Local Government (Miscellaneous Provisions) Act 1976

The Middlesbrough Borough Council, Byelaws as to the Seashore under
section 82 of the Public Health Acts Amendment Act 1904

Registration of Lottery Schemes
Public Entertainment Regulations
Pre-date Gambling Act 2005 and as such is subject thereto

The Middlesbrough Borough Council, Byelaws for Straw and Stubble Burning
made under Section 235 of Local Government Act 1972

The Middlesbrough Borough Council, Street Collection Regulations

County of Cleveland Byelaws relating to The Transporter Bridge
Middlesbrough Cleveland

County of Cleveland, Bylaws relating to Libraries, Museums and Art
Galleries of the County under Section 19 Public Libraries & Museums Act

NB This list should be taken as accurate to the best of our knowledge as
the date of this response. However bye laws subject to constant change as
a result of national legislation and case law plus variations in policy by
the Authority itself. Reliance cannot be placed on this list beyond this
date for those reasons.

Further, would you please advise how a member of the public can have
access to the full text of the byelaws.

Response: The byelaws can be examined at the Reference Library at the
following address:

Reference Library
Victoria Square
Middlesbrough
TS1 2AY

Tel: (01642) 729001
Tel: (01642) 729954

Opening Hours

+------------------------------------------------------------------------+
| Monday | 9.30am - 7.00pm |
|-----------------------------------+------------------------------------|
| Tuesday | 9.30am - 7.00pm |
|-----------------------------------+------------------------------------|
| Wednesday | 9.30am - 5.00pm |
|-----------------------------------+------------------------------------|
| Thursday | 9.30am - 7.00pm |
|-----------------------------------+------------------------------------|
| Friday | 9.30am - 5.00pm |
|-----------------------------------+------------------------------------|
| Saturday | 9.30am - 5.00pm |
+------------------------------------------------------------------------+

and are also available for inspection between 10.00am - 4.00pm, by prior
appointment, at the following address:

Legal & Democratic Services
P.O. Box 503,
Ground Floor,
Town Hall,
Middlesbrough,
TS1 9FX

Telephone: (01642) 729716

If you have any queries about this letter, please do not hesitate to
contact me direct on (01642) 729696/729698 or email
[Middlesbrough Council request email] Please remember to quote the reference number
shown above in any future communications.

If you are unhappy with the way your request has been handled you may ask
for an internal review within 40 days of receipt of the response. You
should write to:-

Chris Davies,
Corporate Complaints Manager,
P.O. Box 503,
Ground Floor,
Town Hall,
Middlesbrough,
TS1 9FX
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an
independent review. The Information Commissioner can be contacted at: -
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely

Steph Robson
Freedom of Information Officer

Members' Office
P.O. Box 503
Ground Floor
Town Hall
Middlesbrough
TS1 9FX

Tel. 01642 729696

FAX. 01642 729882
Email: [Middlesbrough Council request email]

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