LGB Paper 2

1.       Whilst simplifying the mechanism for creating bye-laws is to be welcomed Snowdonia National Park Authority have not in the past made use of the existing mechanism for creating byelaws, preferring instead to work with the public and other organisations to get buy in from interested groups rather than imposing a byelaw. Examples of such activities are the voluntary ban on mountain bikes for parts of the year on Snowdon and regulating the use of motor boats on Llyn Geirionnydd. It is not anticipated that the Bill will lead to a radical departure in Snowdonia National Park Authority’s approach particularly as it appears to the Authority that the Bill (as currently drafted) means that the only area of change for the Authority will be the ability to revoke current byelaws without seeking confirmation from the Welsh Ministers (this being the only category marked “Legislating Authority” in Part 1 of Schedule 1).

 

2.       Where agreement is not possible the Bill will simplify the mechanism for the creation of byelaws but primarily for County Council and County Borough Council and therefore has the potential to provide a more effective regulatory mechanism for such authorities but not National Park Authorities.

 

3.       The sections of the Bill seem appropriate to achieve the desired effects of the Bill.

 

4.       (a) Please see response to question 1 above.

(b) The Bill does streamline the procedure for making byelaws but only in certain limited categories none of which seem to include National Park Authorities save for the limited area of revocation outline in the response to question 1 above. It remains to be seen whether Local Authorities in general will make increased use of the same.

 

5.       From a National Park Authority perspective there will be no real change in the barriers that we currently face in making a byelaw.

6.       The procedures for making byelaws are fairly clear. For a National Park Authority it will remain a fairly complicated procedure.

7.       Yes

8.       (a) The Authority is disappointed to note that the power to issue fixed penalties for offences against certain byelaws seem to apply to any byelaws that can be issued by National Park Authorities. Were the Authority to consider issuing a byelaw at a future date the ability to issue a fixed penalty notice would be a major plus point in deciding whether or not to proceed with a byelaw as it simplifies enforcement. Consideration should be given to extend this provision to all byelaws issued.

(b) No

9.       It is not anticipated that the Bill will have any significant financial implications as it is not anticipated that there will be any significant change in Snowdonia National Park Authority’s current approach.

10.   No

11.   This seems a sensible provision in accordance with current accepted practice.

12.   No other than none of the subjects referred to in the Schedules seem to extend to National Park Authorities and so the Authority has not considered the question in any great detail.