The court considered the validity of a byelaw. Lord Lane CJ said: ‘to be valid, a byelaw, carrying as this one does penalties for infringement, must be certain and clear in the sense that anyone engaged upon the otherwise lawful pursuit . . must know with reasonable certainty when he is breaking the law and when he is not breaking the law.’ The invalid byelaw might have been saved if the uncertainty had been ‘delineated by, if you like, the nuisance to those on the ground or annoyance to those on the ground.’
Judges:
Lord Lane CJ
Citations:
(1980) 78 LGR 614
Jurisdiction:
England and Wales
Cited by:
Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Cited – Broads Authority v Fry Admn 5-Nov-2015
The boat owner had charged tolls against the respondent boat owner. He failed to pay saying that his vessel being moored at a private mooring on ‘adjacent water’ he was not liable. His appeal against his conviction had succeeded at the Crown Court, . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 07 May 2022; Ref: scu.266124