Issue - meetings

Item B

Meeting: 23/04/2020 - Council (Item 808)

808 Byelaw Provisions Review pdf icon PDF 194 KB

This report is a confirmatory report regarding the adoption of byelaws in relation to Pleasure Boats as the original records regarding their adoption cannot be located. It also addresses the update in legislation in relation to the byelaws for Skin Piercing.

Minutes:

Discussion:

 

This report provided details regarding the adoption of byelaws in relation to Pleasure Boats as the original records regarding their adoption could not be located. It also addressed the update in legislation in relation to the byelaws for Skin Piercing.

 

The report was initially considered by the Licensing and Safety Committee on 11 March 2020, details of which were set out in section 6 of the report.

 

The Portfolio Holder for Business Management, Councillor Turpin, supported by Councillor Fearn, proposed the recommendation set out in the report.

 

Decision:

 

a)    The Council resolved to confirm that the byelaws in relation to Pleasure Boats and Vessels first adopted in 1936 remain adopted and are in force across the whole of Medway.

 

b)    The Council resolved to re-adopt the provisions of Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 and any subsequent amendment thereto.


Meeting: 11/03/2020 - Licensing and Safety Committee (Item 759)

759 Byelaw provisions review pdf icon PDF 209 KB

This report is a confirmatory report regarding the adoption of byelaws in relation to Pleasure Boats as the original records regarding their adoption cannot be located. It also addresses the update in legislation in relation to the byelaws for Skin Piercing.

Minutes:

Discussion:

 

The Assistant Head of Legal presented a confirmatory report regarding the adoption of byelaws in relation to Pleasure Boats and Vessels and Skin Piercing. The Committee noted that, during 1997/1998, when Medway had operated as a Shadow Authority prior to becoming a Unitary Authority, a review of byelaws had been carried out and it had been decided that the existing Pleasure Boats and Vessels byelaws were to be enlarged to encompass the whole of Medway. As the relevant Full Council minute was missing from the Council’s archives, it was now necessary to seek Full Council’s confirmation that the Pleasure Boats byelaws first adopted in 1936 remain adopted and were in force across the whole of Medway. 

 

The byelaws for Skin Piercing, which were made available to local authorities in the Local Government (Miscellaneous Provisions) Act 1982, had been adopted and remain in force. However, they were missing a section of standard wording which would be applied if they were adopted now. It was now common practice to add the words “and any subsequent amendments” to the end of a description of legislation being adopted. 

 

Decision:

 

The Licensing and Safety Committee recommended that:

 

a)         Full Council resolves to confirm that the byelaws in relation to Pleasure Boats and Vessels first adopted in 1936 remain adopted and are in force across the whole of Medway.

 

b)         Full Council resolves to re-adopt the provisions of Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 and any subsequent amendment thereto.