delete Prescribed classes of byelaws
These Regulations establish an alternative procedure for making certain local byelaws in England under section 236A of the Local Government Act 1972. They apply to classes of byelaws prescribed in Schedule 1 and set out a multi-stage process including: preparation of a scheme with regulatory burden assessment, Secretary of State approval, public notice and consultation (minimum 28 days), and final making of the byelaw. The Regulations also contain provisions for byelaws revoking existing byelaws and include requirements for notification, signage, document deposit, and inter-authority document sharing.
These Regulations exist solely to streamline the creation of byelaws—regulatory instruments that restrict activities and impose costs on citizens and businesses. While the Regulations require a 'regulatory burden assessment,' this is an administrative box-ticking exercise that does not fundamentally restrain unnecessary regulation; it merely makes it easier to enact. The proper libertarian approach to byelaws is not to make them more efficiently but to question whether they should exist at all. Local byelaws routinely restrict lawful activities, impose criminal sanctions, and create compliance costs—contributing to the regulatory overload that suppresses economic dynamism. These Regulations facilitate more byelaw-making with less democratic scrutiny, which is contrary to the goal of restoring Britain's free-market tradition.