Byelaws

To discuss anything relating to these byelaws please email licensing@arun.gov.uk

Byelaws

Acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis.

Byelaws for the purposes of securing the cleanliness of premises registered under sections 14(2) or 15(2) or both, of the Local Government (Miscellaneous Provision) Act 1982 and fittings in such premises and of persons registered under sections 14(1) or 15(1) or both of the Act, and persons assisting them and of securing the cleansing and, so far as appropriate, sterilization of instruments, materials and equipment used in connection with the practice of acupuncture or the business of tattooing, semi-permanent skin-colouring, cosmetic piercing or electrolysis, or any two or more of such practice and businesses made by Arun District Council in pursuance of sections 14(7) or 15(7) or both of the Act.

Interpretation

1.

(1) In these byelaws, unless the context otherwise requires -

• “The Act” means the Local Government (Miscellaneous Provisions) Act 1982;
• “client” means any person undergoing treatment;
• “hygienic piercing instrument” means an instrument such that any part of the instrument that touches a client is made for use in respect of a single client, is sterile, disposable and is fitted with piercing jewellery supplied in packaging that indicates the part of the body for which it is intended, and that is designed to pierce either -
  • (a) the lobe or upper flat cartilage or the ear, or
  • (b) either side of the nose in the mid-crease area above the nostril;
• “operator” means any person giving treatment, including a proprietor;
• “premises” means any premises registered under sections 14(2) or 15(2) of the Act;
• “proprietor” means any person registered under sections 14(1) or 15(1) of the Act;
• “treatment” means any operation in effecting acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing or electrolysis; 
• “the treatment area” means any part of premises where treatment is given to clients.

(2) The Interpretation Act 1978 shall apply for the interpretation of these byelaws as it applies for the interpretation of an Act of Parliament.

2.

(1) For the purpose of securing the cleanliness of premises and fittings in such premises a proprietor shall ensure that -

• (a) any internal wall, door, window, partition, floor, flooring covering or ceiling is kept clean and in such good repair as to enable it to be cleaned effectively;
• (b) any waste material, or other litter arising from treatment is handled and disposed of in accordance with relevant legislation and guidance as advised by the local authority;
• (c) any needle used in treatment is single-use and disposable, as far as is practicable, or otherwise is sterilized for each treatment, is suitably stored after treatment and is disposed of in accordance with relevant legislation and guidance as advised by the local authority;
• (d) any furniture or fitting in premises is kept clean and in such good repair as to enable it to be cleaned effectively;
• (e) any table, couch or seat used by a client in the treatment area which may become contaminated with blood or other body fluids, and any surface on which a needle, instrument or equipment is placed immediately prior to treatment has a smooth, impervious surface which is disinfected -
  • (i) immediately after use; and
  • (ii) at the end of each working day
• (f) any table, couch, or other item of furniture used in treatment is covered by a disposable paper sheet, which is changed for each client;
• (g) no eating, drinking, or smoking is permitted in the treatment area and a notice or notices reading “No Smoking”, and ‘No Eating or Drinking’ is prominently displayed there.

(2)

• (a) Subject to sub-paragraph (b), where premises are registered under section 14(2) (acupuncture) or 15(2) (tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis) of the 1982 Act, a proprietor shall ensure that treatment is given in a treatment area used solely for giving treatment.
• (b) Sub-paragraph (a) shall not apply if the only treatment to be given in such premises is ear-piercing or nose-piercing using a hygienic piercing instrument.

(3)

• (a) Subject to sub-paragraph (b), where premises are registered under section 15(2) (tattooing, semi-permanent skin-colouring and cosmetic piercing) of the 1982 Act, a proprietor shall ensure that the floor of the treatment area is provided with a smooth impervious surface;
• (b) Sub-paragraph (a) shall not apply if the only treatment to be given in such premises is ear-piercing or nose-piercing using a hygienic piercing instrument.

3.

(1) For the purpose of securing the cleansing and so far as is appropriate, the sterilization of needles, instruments, jewellery, materials and equipment used in connection with treatment -

• (a) an operator shall ensure that -
  • (i) any gown, wrap or other protective clothing, paper or other covering, towel, cloth or other such article used in treatment -
    • (aa) is clean and in good repair and, so far as is appropriate, is sterile;
    • (bb) has not previously been used in connection with another client unless it consists of a material which can be and has been adequately cleansed and, so far as is appropriate, sterilized.
  • (ii) any needle, metal instrument, or other instrument or equipment used in treatment or for handling such needles, instruments or equipment and any part of a hygienic piercing instrument that touches a client is sterile;
  • (iii) any jewellery used for cosmetic piercing by means of a hygienic piercing instrument is sterile;
  • (iv) any dye used for tattooing or semi-permanent skin-colouring is sterile and inert;
  • (v) any container used to hold dye for tattooing or semi-permanent skin-colouring is either disposed of at the end of each treatment or is cleansed and sterilized before re-use.
• (b) a proprietor shall provide -
  • (i) adequate facilities and equipment for -
    • (aa) cleansing; and
    • (bb) sterilization, unless only pre-sterilized items are used.
  • (ii) sufficient and safe gas points and electrical outlets;
  • (iii) an adequate and constant supply of clean hot and cold water on the premises;
  • (iv) clean and suitable storage which enables contamination of the articles, needles, instruments and equipment mentioned in paragraphs 3(1)(a)(i), (ii), (iii), (iv) and (v) to be avoided as far as possible.

4.

(1) For the purpose of securing the cleanliness of operators, a proprietor -

• (a) shall ensure that an operator -
  • (i) keeps his hands and nails clean and his nails short;
  • (ii) keeps any open lesion on an exposed part of the body effectively covered by an impermeable dressing;
  • (iii) wears disposable examination gloves that have not previously been used with another client, unless giving acupuncture otherwise than in the circumstances described in paragraph 4(3);
  • (iv)wears a gown, wrap or protective clothing that is clean and washable, or alternatively, a disposable covering that has not previously been used in connection with another client;
  • (v) does not smoke or consume food or drink in the treatment area; and
• (b) shall provide -
  • (i) suitable and sufficient washing facilities appropriately located for the sole use of operators, including an adequate and constant supply of clean hot and cold water, soap or detergent; and
  • (ii) suitable and sufficient sanitary accommodation for operators.

(2) Where an operator carries out treatment using only a hygienic piercing instrument and a proprietor provides either a hand hygienic gel or liquid cleaner, the washing facilities that the proprietor provides need not be for the sole use of the operator.

(3) Where an operator gives acupuncture a proprietor shall ensure that the operator wears disposable examination gloves that have not previously been used with another client, if -

• (a) the client is bleeding or has an open lesion on an exposed part of his body; or
• (b) the client is known to be infected with a blood-borne virus; or
• (c) the operator has an open lesion on his hand; or (d) the operator is handling items that may be contaminated with blood or other body fluids.

5.

A person registered in accordance with section 14 (acupuncture) or 15 (tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis) of the Act who visits people at their request to give them treatment should observe the requirements relating to an operator in paragraph 3(1)(a) and 4(1)(a).

6.

6. The byelaws relating to the practice of Acupuncture, the business of Tattooing and the business of Ear Piercing and Electrolysis that were made by Arun District Council on the 14th day of May 1985 and were confirmed by the Secretary of State for Social Services on 19th August 1985 are

Authorised Signatory

Seal Book No. 67/2013

The foregoing byelaws are hereby confirmed by the Secretary of State for Health on 3rd June 2013 and shall come into operation on 1 July 2013.

Member of the Senior Civil Service Department of Health

Rules relating to the control of dogs can be found on our dogs page.

To discuss anything relating to these byelaws please email licensing@arun.gov.uk

To discuss anything relating to these byelaws please contact legal.services@arun.gov.uk

Byelaws for Good Rule and Government

Arrangement of Byelaws

1. General interpretation
2. Application
3. Riding on road margins and verges
4. Vehicles on road margins and verges
5. Skateboarding etc (to prohibit dangerous or nuisance skateboarding on footpaths and roads)
6. Dangerous games near highways
7. Playing games on highways to the annoyance of local residents
8. Touting
9. Urinating, etc
10. Interference with road warning equipment
11. Interference with life saving equipment
12. Interference with street name plates and direction posts
13. Climbing upon and hanging from bridges
14. Noisy conduct at night
15. Penalty
16. Revocation

Schedule

Byelaws made under section 235 of the Local Government Act 1972 by Arun District Council for the good rule and government of the District of Arun and for the prevention and suppression of nuisances.

General interpretation

1. In these byelaws:

• “carriageway” means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;
• “the Council” means Arun District Council;
• “footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;
• “highway” means the whole or a part of a highway other than a ferry or waterway;
• "road margin or verge” means land which is -
  • (a) adjacent to the carriageway of a highway (or between two carriageways of a highway), other than the carriageway of a trunk road vested in the Secretary of State, and
  • (b) laid or sown with grass or planted with trees, shrubs or plants, and, mown or otherwise maintained in an ornamental condition by the Council;
• “self-propelled vehicle” means a vehicle other than a cycle, wheelchair or pram which is propelled by the weight or force of one or more persons skating, sliding or riding on the vehicle or by one or more other persons pulling or pushing the vehicle;
• “trunk road” means a highway, or a proposed highway, which is a trunk road by virtue of section 10(1) or section 19 of the Highways Act 1980 or by virtue of an order or direction under section 10 of that Act.

Application

2.

• (1) These byelaws shall apply throughout the District of Arun except as set out in byelaws 2(2) to 2(3).
• (2) Byelaws 3 and 4 apply to any road margin or verge which is indicated to be a road margin or verge to which these byelaws apply by means of a notice conspicuously displayed on or near the said road margin or verge.
• (3) Byelaw 13 applies to the bridges listed in the Schedule.

Riding on road margins and verges

3. No person shall without lawful authority ride or lead any horse, or cause any horse to be ridden or led upon any road margin or verge to which this byelaw applies.

Vehicles on road margins and verges

4.

• (1) No person shall without lawful authority drive, park or leave a vehicle or cause such a vehicle to be driven or placed upon any road margin or verge to which this byelaw applies.
• (2) This byelaw does not apply to a heavy commercial vehicle as defined by section 20 of the Road Traffic Act 1988.

Skateboarding etc

5. No person shall skate, slide or ride on rollers, skateboards or other self propelled vehicles on any footway or carriageway in such a manner as to cause danger or give reasonable grounds for annoyance to other persons using the footway or carriageway.

Dangerous games near highways

6. No person shall play football or any other game on land adjacent to a highway in a manner likely:

• (a) to cause obstruction to traffic; or
• (b) to cause danger or give reasonable grounds for annoyance to any person on the highway.

Playing games on highways to the annoyance of local residents

7. No person shall play football or any other game on a highway or on land adjacent to a highway in such a manner as to give reasonable grounds for annoyance to any person living nearby.

Touting

8. No person shall in any street or public place -

• (a) advertise or solicit custom for any service; or
• (b) seek to gather information for use in the supply of goods or services, in such a manner as to cause obstruction or give reasonable grounds for annoyance to any person in that street or public place.

Urinating etc

9. No person shall urinate or defecate in any street or public place.

Interference with road warning equipment

10. No person shall without lawful authority move or tamper with any lamp, reflector or other equipment used for giving warning of, or lighting, any obstruction, excavation or other danger in any road.

Interference with life saving equipment

11. Except in case of emergency, no person shall remove, displace or otherwise interfere with any life saving equipment placed by the Council or any other competent authority in any street or public place.

Interference with street name plates and direction posts

12. No person shall without lawful authority remove, displace or otherwise interfere with any street name plate or direction post erected by the Council.

Climbing upon and hanging from bridges

13.

• (1) No person shall without reasonable excuse -
  • (a) climb upon or hang from any bridge to which this byelaw applies; or
  • (b) aid, abet, counsel or procure such an act by another.
• (2) “Bridge” includes any abutment, embankment, retaining wall or other work supporting or protecting the bridge.

Noisy conduct at night

14. No person shall in any street or public place between 2300 hours and 0600 hours continuously shout or sing loudly to the disturbance or annoyance of residents.

Penalty

15. Any person offending against these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Revocation

16.

• (1) The byelaws 1 to 14 and 16 to 28 relating to good rule and government made by Arun District Council on 13th March 1978 and confirmed by the Secretary of State for the Home Department on 22nd May 1978 are hereby revoked.
• (2) The byelaw relating to good rule and government made by Arun District Council on 14th September 1978 and confirmed by the Secretary of State for the Home Department on 16th November 1978 is hereby revoked.

Schedule

The bridges referred to in byelaw 13 are as follows:

• Arun Footbridge (between River Road and Rope walk),
• Littlehampton Arun Road Bridge (A259), Littlehampton
• Old Canal Bridge, The Pines, Yapton
• Queen Street Bridge, Arundel

Delwyn Jones

Authorised Signatory

Seal Book No. 114/2006

These Byelaws are confirmed by the Secretary of State and shall come into operation on 21st August 2006.

Signed by Authority of the Secretary of State

P. Rowsell Senior Civil Servant in the Department for Communities and Local Government Date 21st July 2006

This is a true copy of the Byelaws as confirmed by the Secretary of State for the Home Office

Sara Wendy Ashenden-Bax

Solicitor to the Council

To discuss anything relating to these byelaws please contact licensing@arun.gov.uk

Byelaws for Hackney Carriage

Made under Section 68 of the Town Police Clauses Act 1847, and Section 171 of the Public Health Act 1875 by the Arun District Council with respect to hackney carriages in the Arun District.

Interpretation

1. Throughout these byelaws “the Council” means the Arun District Council and “the district” means the Arun District.

Provisions regulating the manner in which the number of each hackney carriage corresponding with the number of its licence, shall be displayed and the manner in which the number of persons to be carried by such hackney carriage is to be shown on such carriage.

2.

• a. The proprietor of a hackney carriage shall cause the identification plate issued by the Council, bearing the number of the licence granted in respect of the carriage, to be securely fixed to the outside of the offside rear of the carriage in such a position that it shall be clearly visible from the rear of the vehicle.
• b. A proprietor or driver of a hackney carriage shall:-
  • i. not wilfully or negligently cause or suffer any such plate to be concealed from public view while the carriage is standing or plying for hire;
  • ii. not cause or permit the carriage to stand or ply for hire with any such plate so defaced that any figure or material particular is illegible.

3. The proprietor of a hackney carriage shall cause the interior plate, issued by the Council, bearing the number of passengers prescribed in such licence, to be securely fixed in the interior of the vehicle in such a position that it shall be clearly visible at all times to passengers conveyed therein.

Provisions regulating how hackney carriages are to be furnished or provided.

4. The proprietor of a hackney carriage shall:-

• a. provide sufficient means by which any person in the carriage may communicate with the driver;
• b. cause the roof or covering to be kept water-tight;
• c. provide adequate windows and a means of opening and closing not less than one window on each side;
• d. cause the seats to be properly cushioned and covered;
• e. cause the floor to be provided with a proper carpet, mat, or other suitable covering;
• f. cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service;
• g. provide an efficient dry powder or vaporising liquid fire extinguisher which shall be carried in a position in the vehicle as to be readily available for use at all times;
• h. provide a suitable First Aid Kit, to be approved by the Council, such equipment to be carried in such a position in the vehicle to be readily available for use at all times;
• i. provide means for securing luggage if the carriage is so constructed as to carry luggage.

Provisions regulating the conduct of the proprietors and drivers of hackney carriages plying within the district in their several employments, and determining whether such drivers shall wear any and what badges.

5. A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto.

6. A proprietor or driver of a hackney carriage, when standing or plying for hire, shall not, by calling out or otherwise, importune any person to hire such carriage and shall not make use of the services of any other person for the purpose.

7. The driver of a hackney carriage shall behave in a civil an orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

8. The proprietor or driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

9. A proprietor or driver of a hackney carriage shall not:-

• a. convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the inside of the carriage.
• b. allow there to be conveyed in the front of the carriage:-
  • i. any child below the age of ten years;
  • ii. more than one person above that age;
• c. without the consent of the hirer of a vehicle convey or permit to be conveyed any other person in that vehicle.

10. The driver of a hackney carriage shall not whilst the carriage is hired convey in a hackney carriage any animal belonging to or in the custody of himself or the proprietor of the vehicle. Any animal belonging to or in the custody of any passenger which in the driver’s discretion may be conveyed in the hackney carriage, shall only be conveyed in the rear of the vehicle.

11. The driver of a hackney carriage shall, when standing or plying for hire, and when hired, wear the driver identity badge provided by the Council in such position and manner as to be plainly visible.

12. The driver of a hackney carriage so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the carriage:

• a. convey a reasonable quantity of luggage;
• b. afford reasonable assistance in loading and unloading;
• c. afford reasonable assistance in removing it to or from the entrance of any building, station, or place at which he may take up or set down such person.

Provisions securing the safe custody and re-delivery or any property accidentally left in hackney carriages.

13. The proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search the carriage for any property which may have been accidentally left therein.

14. The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage, be found by or handed to him, carry it as soon as possible and in any event within 48 hours, if not sooner claimed by or on behalf of its owner, to the nearest Police Station and leave it in the custody of the officer in charge.

Penalties

15. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding One Hundred Pounds and in the case of a continuing offence to a further fine not exceeding Five Pounds for each day during which the offence continues after conviction thereof.

Repeal of Byelaws

16. The byelaws relating to hackney carriages which were made by the Council on the 14th day of September 1984 and which were confirmed by the Secretary of State for Transport on the 19th November 1984 are hereby repealed.

DAVID DONGRAY for Solicitor to the Council

The foregoing Byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 1st day of April 1987

H. FAWCETT An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport.

16th January 1987

This is a true copy of the byelaws as confirmed by the Secretary of State for Transport.

K.P. Hunt, Director of Environment and Leisure

Byelaws made by the Arun District Council by virtue of the powers conferred on the Council by Section 68 of the Town Police Clauses Act 1847 and Section 171 of the Public Health Act 1875 with respect to hackney carriages.

The series of Byelaws relating to hackney carriages made by Arun District Council on 31st October 1986 and confirmed by the Secretary of State on 16th January 1987 are hereby amended by the addition of the following Byelaw which shall be read and construed as one of the aforesaid series:-

“17. The driver of a hackney carriage shall not smoke whilst conveying any person in such hackney carriage for hire, except with the permission of the hirer.”

DOUGLAS HAMILTON Solicitor to the Council

The foregoing byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 15th day of October 1990

R. ATKINS An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport.

Byelaws made by Arun District Council by virtue of the powers conferred on the Council by Section 68 of the Town Police Clauses Act 1847 and Section 171 of the Public Health Act 1875 with respect to hackney carriages.

The series of Byelaws relating to hackney carriages made by Arun District Council on 31st October 1986 and confirmed by the Secretary of State on 16th January 1987 are hereby amended by the addition of the following Byelaws which shall be read and construed as part of the aforesaid series:-

18. The proprietor of a hackney carriage shall cause the same to be provided with a taximeter so constructed, attached and maintained as to comply with the following requirements, that is to say

• a. the taximeter shall be fitted with a key, flag, or other device the operation of which will bring the machinery of the taximeter into action and cause the word “HIRED” to appear on the face of the taximeter;
• b. such key, flag, or other device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter;
• c. when the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in clearly legible figures a fare not exceeding the rate of fare which the proprietor or driver is entitled to demand and take for the hire of the hackney carriage by distance in pursuance of the current table of fares fixed by the Council in that behalf;
• d. the word “FARE” shall be printed on the face of the taximeter in plain letters so as clearly to apply to the fare recorded thereon;
• e. the taximeter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any person being conveyed in the hackney carriage, and for that purpose the letters and figures shall be capable of being suitably illuminated during any period of hiring.
• f. the taximeter and all the fittings thereof shall be so affixed to the hackney carriage with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.

19. The driver of a hackney carriage provided with a taximeter shall:-

• a. when standing or plying for hire, keep the key, flag or other device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter;
• b. before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key, flag or other device, so that the word “HIRED” is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring;
• c. cause the dial of the taximeter to be kept properly illuminated throughout any part of the hiring which is during the hours of darkness; this being the time between half-an-hour after sunset to half-an-hour before sunrise, and also at any other time at the request of the hirer.

Provisions fixing the rates or fares to be paid for hackney carriages within the district, and securing the due publication of such fares

20. The proprietor or driver of a hackney carriage shall be entitled to demand and take for the hire of the hackney carriage the rate or fare prescribed by the Council the rate of fare being calculated by distance unless the hirer expresses at the commencement of the hiring his desire to engage by time.

Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.

21.

• a. The proprietor of a hackney carriage shall cause the current table of fares fixed by the Council in that behalf to be exhibited inside the hackney carriage, in clearly distinguishable letters and figures.
• b. The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with this byelaw shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the hackney carriage is plying or being used for hire.

DOUGLAS HAMILTON Solicitor to the Council

The foregoing Byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 8th day of April 1991

An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport.

Byelaws made by the Arun District Council by virtue of their powers conferred on the Council by Section 68 of the Town Police Clauses Act 1847 and Section 171 of the Public Health Act 1875 with respect to hackney carriages.

The series of Byelaws relating to hackney carriages made by Arun District Council on 31st October 1986 and confirmed by the Secretary of State on 16th January 1987 are hereby amended by the addition of the following Byelaw which shall be read and construed as one of the aforesaid series:-

22. The driver of a hackney carriage shall not keep the engine of the carriage running whilst the same is standing for hire.

DOUGLAS HAMILTON Solicitor to the Council

Seal book No: 377/92

The foregoing Byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 22nd day of February 1993

An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport.

To discuss anything about these byelaws please contact engineering.services@arun.gov.uk

Guidelines to the Land Drainage Byelaws

Introduction

These Guidelines have been prepared to give information to owners of land on which there is an ‘ordinary watercourse’ or where there is one located adjacent to the boundary of their land. The Guidelines are to be read in conjunction with Arun District Council’s Land Drainage Byelaws approved by the Secretary of State for Environment Food & Rural Affairs on 301 September 2004 but do not form any part of the Byelaws and are issued for clarification of application and interpretation.

Reference in these Guidelines and Byelaws to the Act means the Land Drainage Act 1991.

The information particularly relates to a landowner’s ‘riparian’ responsibilities in respect of ‘ordinary watercourses’, and a drainage authority’s powers, where there is an obstruction to flow, a risk of flooding or flooding has occurred.

Main River and Ordinary Watercourse Powers

The Environment Agency has Byelaws applicable to ‘main rivers’ and ‘Internal Drainage Board (IDB) watercourses’ that are essentially similar. Under the Act, Arun District Council Byelaws can only be applied to ‘ordinary watercourses’ in Arun District Council’s area that are not ‘main rivers’ or ‘IDB watercourses’. In the Arun District Council area IDBs are administered by the Environment Agency. As far as possible Arun District Council Byelaws for ‘ordinary watercourses’ are consistent with Environment Agency Byelaws.

‘Main rivers’ are shown on a statutory plan, a copy of which is held at the local Environment Agency office at Guildbourne House, Chatsworth Road, Worthing, West Sussex BN11 1LD.

‘Ordinary watercourses’ are defined but not specifically identified on a statutory plan. In practice, ‘ordinary watercourses’ may range from a reasonable sized ditch with a constant flow to nothing more than a depression which carries water infrequently. Within the meaning of the Act ‘watercourses’ may also be culverted (i.e. piped). Whilst these watercourses may now take run off from highways and surface water sewers serving properties, the original base flow will be from a land drainage source.

‘Watercourses’ are defined as a river, stream, ditch, drain, culvert, dyke, sluice and passages through which water flows (other than public and private sewers)

Roadside Ditches

Roadside ditches may be in one of three categories

• A ditch created by the Highway Authority solely for draining the highway is the responsibility of the Highway Authority
• A ditch on the road side of fences and hedges taking land drainage as well as highway drainage is a ‘riparian owner’ responsibility
• A ditch on the field side of a fence or hedge taking land drainage as well as highway drainage is a ‘riparian owner’ responsibility

Within Arun District Council’s area West Sussex County Council are the Highway Authority.

Riparian Owners

‘Riparian Owners’ are those who have an open or culverted (piped) watercourse either directly on their land or directly abutting the boundary of their land. This includes an open or culverted watercourse outside the property and adjacent to the road.

‘Riparian Owners’ are responsible for maintaining the watercourse and any associated structures (i.e. headwalls, screen, weir etc.) and primarily to keep them free of any obstructions that may impede flow in the watercourse. These land drainage obligations must be exercised with due care and must not cause or perpetuate a nuisance.

Failure by ‘Riparian Owners’ to maintain a watercourse and keep it clear of obstructions may result in -

• a drainage problem for neighbours and other landowners
• surface water flooding that may enter houses
• enforcement action being taken by the local authority.

‘Occupiers’ may have control of the land and application of ‘riparian ownership’ obligations will be subject to an individual interpretation of the circumstances in each case.

Land Drainage Powers of Local Authorities

Arun District Council’s powers to make Land Drainage Byelaws to ‘secure efficient working of the drainage system in its area’ originate from S66 of the Land Drainage Act 1991.

The Act confers powers on local authorities relating to flood prevention and maintaining flows in watercourses. These powers are permissive, giving local authorities discretion over their use.

Local authorities also have powers available to them under the Public Health Act 1936 which can be exercised when a land drainage problem creates a statutory nuisance or a situation which is prejudicial to health.

Where problems relate to ditches and culverts at the side of the road that cause flooding of the highway, Arun District Council is likely to refer them to the Highway Authority, West Sussex County Council, who have similar powers to require ‘riparian owners’ to carry out remedial works.

Enforcement Action by Local Authorities

Arun District Council may decide to exercise the permissive powers if it is approached by property owners affected by badly maintained or obstructed watercourses and they have been unable to get a ‘riparian owner’ to carry out necessary works.

In the first instance, Arun District Council will try to resolve the problem informally by explaining ‘riparian ownership’ responsibilities and agreeing the work that is required to the watercourse to rectify the problem. If this approach is unsuccessful, Arun District Council may require and enforce ‘riparian owners’ to carry out works using powers under S25 of the Land Drainage Act 1991 where the flow of water is impeded and the condition needs to be remedied.

A formal Notice will be served by the Council’s Solicitor if there is no action by the ‘riparian owner’ to remedy the situation. Prior approval of the Environment Agency will be sought by the Council before issue of the Notice. The recipient of the Notice has the right of appeal to a Magistrate’s Court. lf the work is not carried out and the recipient does not appeal within the statutory time scales, the Council may carry out the work and recover the costs reasonably incurred.

Under S263 of the Public Health Act 1936 the Council has powers to remedy statutory nuisances which may include clearance of blockages. Arun District Council will set up procedures for dealing with rubbish dumping, garden waste and fly tipping in ditches where there is no immediate risk of flooding.

Environment Agency Consent Approvals

In order to alleviate the potential risk of flooding, a Land Drainage Consent is required from the Environment Agency for anything which might affect the flow in an ‘ordinary watercourse’ including construction or alteration of dams, weirs, mills, channel diversions and culverts (piping).

No person shall without the previous consent of the Environment Agency construct a culvert or any flow control structure (such as a weir) on any ordinary watercourse. Culverting of any existing open watercourse requires specific consent from the Agency.

In due course Arun District Council will develop and agree with the Environment Agency where new discharge consents to ‘ordinary watercourses’ are necessary.

Any proposals for construction or excavation (including temporary works) within 8m of ‘main rivers’ will require a Land Drainage Consent from the Environment Agency.

Biodiversity and Ditch Clearance

The Council wishes to adopt a more active role in terms of biodiversity when undertaking ditch clearance and where possible the Council will respect the time of year for carrying out work subject to assessment of the flooding risks and impact.

All reasonable precautions should be taken to ensure that the work in any watercourse or waterbody is done in an environmentally sensitive manner such that it will not cause unnecessary damage to fauna, flora and habitats.

The Council has prepared a Biodiversity and Ditch Management good practice guide (Appendix attached) for use by contractors and landowners where appropriate. It is based upon national guidelines from the Environment Agency and English Nature. In exceptional circumstances, any criminal sanctions would be related to specific statutory requirements and ‘reasonable precautions’ would be assessed against the national recommendations.

Fences and Access

The erection of post and rail fences crossing watercourses is acceptable but provision for access to undertake maintenance should always be borne in mind.

The erection of fences on either side of a ditch running between properties does not alter joint ‘riparian ownership’ responsibility for the ditch but clearly makes it more difficult and costly to practically meet their obligations. Unless specifically stated to the contrary, the normal convention is that the boundary will be along the centre line of the ditch and not at the fence or hedge.

Land Drainage Act 1991 Byelaws

Notice is hereby given that Arun District Council intend to apply at the expiration of one calendar month from the date of the publication of this Notice to the Secretary of State for Environment Food and Rural Affairs for the confirmation of byelaws made by the Council for the purpose of preventing flooding or remedying or mitigating any damage caused by flooding in this area. During a period of one calendar month from the date of publication of this Notice, a copy of the said byelaws will be kept at the offices of the Council at Arun Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF and Bognor Town Hall, Clarence Road, Bognor Regis, West Sussex P021 1LD.

The byelaws will be open to public inspection on any weekday during normal office hours. During the same period a copy of the byelaws will be supplied on demand (free of charge) to any person on application to the Engineering Services Section of the Council at Arun Civic Centre, Littlehampton. Any objection to the confirmation of the byelaws should be made in writing and addressed to the Department for the Environment Food and Rural Affairs, Area 38, Ergon House, Horseferry Road, London, SW1P 2AL within six weeks of the date of publication of this Notice.

W. Ashenden-Bax Solicitor to the Council

Arun District Council, Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF

Dated: 10th June 2004

Index

1. Commencement of Byelaws
2. Application of Byelaws
3. Control of sluices etc
4. Control of introduction of water and increase in flow or volume of water
5. Diversion or stopping up of watercourses
6. Detrimental substances not to be put into watercourses
7. Lighting of fires
8. Notice to cut vegetative growths
9. No obstructions within 3m of the edge of the watercourse
10. Repairs to buildings
11. Control of vermin
12. Damage by animals to banks
13. Vehicles not to be driven on banks
14. Banks not to be used for storage
15. Not to dredge or raise gravel, sand etc.
16. Fences, excavations, pipes etc.
17. Tidal Outfalls
18. Interference with sluices
19. Damage to property of the Council
20. Defacement of notice boards
21. Obstruction of the Council and Officers
22. Savings for other bodies
23. Savings for Crown Lands
24. Arbitration
25. Notices
26. Limitation
27. Interpretation

Land Drainage Byelaws

Arun District Council under and by virtue of the powers and authority vested in them by Section 66 of the Land Drainage Act 1991, do hereby make the following Byelaws which are considered necessary for securing the efficient working of the drainage system in their District, so far as may be necessary for the purpose of preventing flooding or remedying or mitigating any damage caused by flooding:

[1] Commencement of Byelaws

These Byelaws shall come into operation on 30th October 2004 this being at the expiration of one month beginning with the day on which they are confirmed by the Secretary of State.

[2] Application of Byelaws

• (a) These Byelaws shall have effect within the area of the Arun District Council;
• (b) The watercourses referred to below in Byelaws [3] to [7] and [10] to [19] are ordinary watercourses within the Arun District Council area but excluding any main river or Internal Drainage Board watercourse within the area of a Drainage Authority.

[3] Control of sluices etc.

Any person having control of any sluice, slacker, floodgate, lock, weir, dam, pump, pumping machinery or other structure or appliance for introducing water into any watercourse in the Area or for controlling or regulating or affecting the flow of water in, into or out of any watercourse shall use and maintain such sluice, slacker, floodgate, lock, weir, dam, pump, pumping machinery, structure or appliance in accordance with such reasonable directions as may from time to time be given by the Council with a view to the prevention of flooding in the Area.

[4] Control of introduction of water and increase in flow or volume of water

No person shall as a result of development (within the meaning of Section 55 of the Town and Country Planning Act 1990 as amended (“the Act”) (whether or not such development is authorised by the Act or any regulation or order whatsoever or none of them for any purpose by means of any channel, siphon, pipeline or sluice or by any other means whatsoever introduce any water into any watercourse in the District so as to directly or indirectly increase the flow or volume of water in any watercourse in the District without the previous consent of the Council.

Provided that the foregoing shall not apply to any action taken in an emergency so long as notice in writing of such action is given to the Council as soon as practicable.

[5] Diversion or stopping up of watercourses

No person shall, without the previous consent of the Council, take any action, or knowingly permit or aid or abet any person lo take any action to stop up any watercourse or divert or impede or alter the level of or direction of the flow of water in, into or out of any watercourse.

[6] Detrimental substances not to be put into watercourses

No person shall, so as directly or indirectly to obstruct, impede or interfere with the flow of water in, into or out of any watercourse or so as to damage the bank:

• (a) discharge or put or cause or permit to be discharged or put or negligently or wilfully cause or permit to fall into any watercourse any object or matter of any kind whatsoever whether solid or liquid;
• (b) allow any such object or matter as is referred to in sub paragraph (a) of this Byelaw to remain in proximity to any watercourse in such manner as to render the same liable to drift or fall or to be carried into any watercourse.

Provided that nothing in this Byelaw shall be deemed to render unlawful the growing or harvesting of crops in accordance with normal agricultural practice.

[7] Lighting of fires

No person shall light or cause or permit to be lighted or commit any action liable to cause to be lighted any fire on any land adjoining the watercourse where such action is liable to set on fire the peat land forming the banks of the watercourse or any trees, willows, shrubs, weeds, grasses or any other vegetable growths growing on land forming the banks of the watercourse.

[8] Notice to cut vegetative growths

Any person having control of any watercourse shall, upon receipt of a notice served on him by the Council requiring him so to do, cut down and keep cut down all trees, willows, shrubs, weeds, grasses, reeds, rushes or other vegetative growths growing in or on the bank of a watercourse, within such reasonable time as may be specified in the notice, and shall remove such trees, willows, shrubs, weeds, grasses, reeds, rushes or other vegetable growth from the watercourse immediately after the cutting thereof.

Provided that, where a hedge is growing on the bank of a watercourse, nothing in this Byelaw shall require more than the pruning of the hedge so as to prevent it from growing over or into the watercourse, and the removal of the resultant cuttings.

[9] No obstructions within 3m of the edge of the watercourse

No person without the previous consent of the Council shall erect any building or structure, whether temporary or permanent, or plant any tree, shrub, willow or other similar growth within 3 metres of the landward toe of the bank where there is an embankment or wall or within 3 metres of the top of the batter where there is no embankment or wall, or where the watercourse is enclosed within 3 metres of the enclosing structure.

[10] Repairs to buildings

The owner of any building or structure in or over a watercourse or on the banks thereof shall, upon receipt of a notice from the Council that because of its state of disrepair:

• (a) the building or structure is causing or is in imminent danger of causing an obstruction to the flow of the watercourse;
• (b) the building or structure is causing or is in imminent danger of causing damage to the bank of the watercourse;

carry out such reasonable and practicable works as are specified in the notice for the purpose of remedying or preventing the obstruction or damage as the case may be within such reasonable time as is specified in the notice.

[11] Control of vermin

The occupier of any bank of a watercourse or any part thereof shall, upon being required by the Council by notice, within such reasonable time as may therein be specified, take such steps as are specified in the notice, being such steps as the Council consider necessary and practicable for preventing the bank from becoming infested by rabbits, rats, coypu, foxes and moles or any other wild mammal not being an animal listed in Schedule 5 or Schedule 6 to the Wildlife and Countryside Act 1981, but excluding the water vole from such control.

[12] Damage by animals to banks

All persons using or causing or permitting to be used any bank of any watercourse for the purpose of grazing or keeping any animal thereon shall take such steps including fencing as are necessary and reasonably practicable and shall comply with such reasonable directions as may from time to time be given by the Council to prevent the bank or the channel of the watercourse from being damaged by such use.

Provided that nothing in this Byelaw shall be deemed to affect or prevent the use of, for the purpose of enabling animals to drink at it, any place made or to be made or constructed as approved by the Council.

[13] Vehicles not to be driven on banks

No person shall use or drive or permit or cause to be used or driven any cart, vehicle or implement of any kind whatsoever on, over or along any bank of a watercourse in such manner as to cause damage to such bank.

[14] Banks not to be used for storage

No person shall use or cause or permit to be used any bank of any watercourse for the purpose of depositing or stacking or storing or keeping any rubbish or goods or any material or things thereon in such a manner which by reason of the weight, volume or nature of such rubbish, goods, material or things causes or is likely to cause damage to or endanger the stability of the bank or channel of the watercourse or interfere with the operations or access of the Council or the right of the Council to deposit spoil on the bank of the watercourse.

[15 ] Not to dredge or raise gravel, sand etc.

No person shall without the previous consent of the Council dredge or raise or take or cause or permit to be dredged or raised or taken any gravel, sand, ballast, clay or other material from the bed or bank of any watercourse.

[16] Fences, excavations, pipes etc.

1. No person shall without the previous consent of the Council:

• (a) place or affix or cause or permit to be placed or affixed any gas or water main or any pipe or appliance whatsoever or any electrical main or cable or wire under any watercourse or in, over or through any bank of any watercourse;
• (b) cut, pare, damage or remove or cause or permit to be cut, pared, damaged or removed any turf forming part of any bank of any watercourse, or dig for or remove or cause or permit to be dug for or removed any stone, gravel, clay, earth, timber or other material whatsoever forming part of any bank of any watercourse or do or cause or permit to be done anything in, to or upon such bank or any land adjoining such bank of such a nature as to cause damage to or endanger the stability of the bank;
• (c) make or cut or cause or permit to be made or cut any excavation or any tunnel or any drain, culvert or other passage for water in, into or out of any watercourse or in or through any bank of any watercourse;
• (d) erect or construct or cause or permit to be erected or constructed any fence, post, pylon, wall, wharf, jetty, pier, quay, bridge, loading stage, piling, groyne, revetment or any other building or structure whatsoever in, over or across any watercourse or in or on any bank thereof;
• (e) place or fix or cause or permit to be placed or fixed any engine or mechanical contrivance whatsoever in, under or over any watercourse or in, over or on any bank of any watercourse in such a manner or for such length of time as to cause damage to the watercourse or banks thereof or obstruct the flow of water in, into or out of such watercourse.

2. Provided that -

• (a) this Byelaw shall not apply to any temporary work executed in an emergency but a person executing any such emergency work shall, as soon as practicable, inform the Council in writing of the execution and of the circumstances in which it was executed and comply with any reasonable directions the Council may give with regard thereto;
• (b) any person undertaking such works in accordance with the Council’s approved consent shall comply with any directions which the Council may give with regard thereto including conditions for depth and clearance and method of construction for the purpose of preventing flooding or remedying or mitigating damage caused by flooding.

[17] Tidal outfalls

No person shall place or cause to be placed or abandon or cause to be abandoned upon the foreshore any trees, roots of trees, branches, timber, tins, bottles, boxes, tyres, bricks, stones, soil, wire, rubbish or other objects or matter whatsoever which (whether immediately or as a result of subsequent tidal action) may impede or be likely to impede the flow of water through the sluices or outfall pipes through the tidal banks or through the watercourses on such foreshore or impede or be likely to impede the operation of such sluices or outfall pipes or may cause or be likely to cause damage thereto.

[18] Interference with sluices

No person shall without lawful authority interfere with any sluice, slacker, floodgate, lock, weir, dam, pump, pumping machinery or any other structure or appliance for controlling or regulating the flow of water in, into or out of a watercourse.

[19] Damage to Property of the Council

No person shall interfere with or damage any bank, bridge, building, structure, appliance or other property of or under the control of the Council.

[20] Defacement of notice boards

No person shall deface or remove any notice board, notice or placard put up by the Council.

[21] Obstruction of the Council and Officers

No person shall obstruct or interfere with any member, officer, agent or servant of the Council exercising any of his functions under the Act or these Byelaws.

[22] Savings for other bodies

Nothing in these Byelaws shall:

• (a) conflict with or interfere with the operation of any Byelaw made by the Environment Agency or an internal drainage board or of any navigation, harbour or conservancy authority but no person shall be liable to more than one penalty or in the case of a continuing offence more than one daily penalty in respect of the same offence;
• (b) restrict, prevent, interfere with or prejudice the exercise of any statutory rights or powers which are now or hereafter may be vested in or exercised by:
  • [i] any public utility undertaking carried on by a local authority under any Act or under any Order having the force of an Act;
  • [ii] the undertakings of the Environment Agency and of any water undertaker or sewerage undertaker;
  • [iii] any public gas transporter within the meaning of Part I of the Gas Act 1986;
  • [iv] any navigation, harbour or conservancy authority;
  • [v] any person who acts as the operator of a relevant railway asset, with respect to the construction, use or maintenance and repair of any such asset, or the free, uninterrupted and safe use of any such asset and the traffic [including passengers thereof];
  • [vi] any local authority;
  • [vii] any highway authority for the purposes of the Highways Act 1980 (as amended by any subsequent enactment) in relation to any highway whether or not maintainable at public expense;
  • [viii] any undertaking engaged in the operation of a telecommunications system;
  • [ix] a relevant airport operator within the meaning of Part V of the Airports Act 1986;
  • [x] the Civil Aviation Authority and any subsidiary thereof;
  • [xi] the British Waterways Board;
• (c) restrict, prevent, interfere with or prejudice any right of a highway authority to introduce into any watercourse surface water from a highway, for which it is the highway authority;
• (d) restrict, prevent, ‘interfere with or prejudice any right of a licence holder within the meaning of Part 1 of the Electricity Act 1989 to do anything authorised by that licence or anything reasonably necessary for that purpose;
• (e) affect any liability arising otherwise than under or by reason of these Byelaws.

[23] Saving for Crown Lands

• (a) Nothing in these Byelaws shall operate to prevent the removal of any substance on, in or under (or the erection of any structure, building or machinery or any cable, wire or pipe on, over or under) lands belonging to Her Majesty in the right of the Crown by any person thereunto authorised by the Crown Estate Commissioners.
• (b) Nothing contained in any of the foregoing byelaws should be deemed to be or shall operate as a grant by or on behalf of the Crown as owner of the foreshore below high water mark of any estate or interest in or right over such foreshore, or any part thereof, nor shall anything contained in or done under any of the provisions of the foregoing byelaws in any respect prejudice or injuriously affect the rights and interests of the Crown in such foreshore, or prevent the exercise thereon of any public rights or prejudice or injuriously affect any right, power or privilege legally exercisable by any person in over and in respect of the seashore.

[24] Arbitration

• (a) Where by or under Byelaws 3, 8, 11, 12, 13 or 17 any person is required by a notice in writing given by the Council to do any work to the satisfaction of the Council or to comply with any directions of the Council, he may within 21 days after the service of such notice on him give to the Council a counter-notice in writing objecting to either the reasonableness of or the necessity for such requirement or directions, and in default of agreement between such person and the Council the dispute shall, when the person upon whom such notice was served is a drainage or local authority be referred to the Secretary of State whose decision shall be final, and in any other case shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party. Where such a counter-notice has been given to the Council the operation of the notice shall be suspended until either agreement has been reached or the dispute has been determined by arbitration in accordance with the provisions of this Byelaw;
• (b) Where by or under these Byelaws any person is required by a notice in writing given by the Council to do any work to the satisfaction of the Council or to comply with any directions of the Council and any dispute subsequently arises as to whether such work has been executed or such directions have been complied with, such dispute if it arises between a drainage authority or local authority and the Council shall be referred to the Secretary of State whose decision shall be final, and in any other case shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party;
• (c) Where by or under Byelaws 4, 5, 10, 16, or 17 any person is required to refrain from doing any act without the consent of the Council such consent shall not be unreasonably withheld and may be either unconditional or subject to such reasonable conditions as the Council may consider appropriate and where any dispute arises as to whether in such a case the consent of the Council is being unreasonably withheld, or as to whether any conditions subject to which consent is granted are unreasonable, such dispute shall if it arises between a drainage authority or local authority and the Council be referred to the Secretary of State whose decision shall be final, and in any other case such dispute shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party.

[25] Notices

Notices and any other documents required or authorised to be served or given under or by virtue of these Byelaws shall be sufficiently served or given if in writing under the hand of a duly authorised Officer of the Council in the manner prescribed by Section 71 of the Act.

[26] Limitation

• (a) Nothing in these Byelaws shall authorise the Council to require any person to do any act, the doing of which is not necessary for securing the efficient working of the drainage system of the district, so far as may be necessary for the purpose of preventing flooding or remedying or mitigating any danger caused by flooding, or to refrain from doing any act, the doing of which does not adversely affect the efficient working of the drainage system of the district, so far as may be necessary for the purpose of preventing flooding or remedying or mitigating any, damage caused by flooding.
• (b) If any conflict arises between these Byelaws and
  • [i] the Land Drainage Act 1991 (Sections 61A to E that relate to the Council’s duties with respect to the Environment) or
  • [ii] the Wildlife and Countryside Act 1981 or
  • [iii] the Conservation Natural Habitats, etc. Regulations 1941 or
  • [iv] the Hedgerows Regulations 1997 or then the said Acts and the said Regulations shall prevail.

[27] Interpretation

In these Byelaws, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say:

• “the Act” means the Land Drainage Act 1991;
• “Animal” includes any horse, cattle, sheep, deer, goat, swine, goose or poultry;
• “Area” means the area under the jurisdiction of the Council;
• “Bank” includes any bank, cross bank, wall or embankment adjoining or confining or constructed for the purpose of or in connection with any watercourse and includes all land between the bank and the low water mark or level of the water in the watercourse as the case may be and where there is no such bank, cross bank, wall or embankment includes the top edge of the batter enclosing the watercourse;
• “Consent of the Council” means the consent of the Council in writing signed by a proper officer of the Council;
• “Council” means the Arun District Council;
• “Drainage Authority” means an Internal Drainage Board;
• “Land includes buildings and structures, land covered with water and any estate, interest, easement, servitude or right in or over land;
• “Main River” has the meaning assigned to it by the Water Resources Act 1991;
• “The Secretary of State” means the Secretary of State for Environment Food and Rural Affairs;
• “Person” includes a body of persons corporate or incorporate;
• “Occupier” means in the case of land not occupied by any tenant or other person the person entitled to the occupation thereof;
• “Ordinary Watercourse” means a watercourse that does not form part of a main river;
• “Owner” includes the person defined as such in the Public Health Act 1936;
• “Relevant railway asset” means:
  • (a) a network which was transferred, by virtue of a transfer scheme made under Section 85 of the Railways Act 1993, from the British Railways Board and vested in the company formed and registered under the Companies Act 1985 and known, at the date of vesting, as Railtrack Pie;
  • (b) a station which is operated in connection with the provision of railway services on such a network, or
  • (c) a light maintenance depot.

Expressions used in this definition and in the Railways Act 1993 have the same meaning in this definition as they have in that Act, and a network such as is described in (a) above shall not cease to be such a network where it is modified by virtue of having any network added to it or removed from it.

“Watercourse” includes all rivers, streams, ditches, drains, culverts, cuts, dykes, sluices and passages through which water flows (other than public and private sewers);

Other expressions in these Byelaws shall have the same meanings as in the Act.

W. Ashenden-Bax Solicitor to the Council

Arun District Council, Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF

Penalty Notice

By Section 66[6] of the Act every person who acts in contravention of or fails to comply with any of the foregoing Byelaws is liable on summary conviction in respect of each offence to a fine not exceeding the amount prescribed from time to time for level 5 on the standard scale referred to in Section 37 of the Criminal Justice Act 1982 and a further fine not exceeding forty pounds [£40.00] for every day on which the contravention or failure is continued after conviction. By Section 66[7] of the Act if any person acts in contravention of or fails to comply with any of these Byelaws the Council may without prejudice to any proceedings under Section 66[6] of the Act take such action as may be necessary to remedy the effect of the contravention or failure and may recover the expenses reasonably incurred by it in doing so from the person in default.

The Secretary of State for Environment, Food and Rural Affairs, in pursuance of the powers conferred by Section 66 of, and paragraph 2 of Schedule 5 to, the Land Drainage Act 1991, HEREBY CONFIRMS these Byelaws.

M J Roberts

Dated: 30 September 2004

I hereby certify this to be a true copy.

M J Roberts for and on behalf of the Secretary of State

Dated: 30 September 2004

Department for Environment, Food and Rural Affairs

To discuss anything relating to these byelaws please contact events@arun.gov.uk

Byelaws for Pleasure Fairs

Byelaws for pleasure fairs made by the Arun District Council under section 75 of the Public Health Act 1961 as amended

Extent

1. These byelaws shall not apply to:

• (a) a pleasure fair at which the only entertainment to which section 75 of the Public Health Act 1961 applies consists of ten-pin bowling-alleys or of ten-pin bowling-alleys together with automatic machines intended for entertainment or amusement not exceeding in number one-third of the number of bowling-alleys provided; or
• (b) any part of a pleasure fair in respect of which a licence is for the time being in force for public music or dancing or other entertainment of the like kind; or
• (c) any place which is not for the time being used wholly or mainly for providing, whether or not in combination with any other entertainment, any entertainment to which section 75 of the Public Health Act 1961 applies.

Interpretation

2. In these byelaws:

• “amusement device” means a fairground ride, contrivance, structure or other such equipment including a side stall, side show, tent, booth or similar enclosed structure, which is installed or erected and operated for or in connection with the amusement or entertainment of the public at a pleasure fair;
• “the Council” means Arun District Council;
• “manager” means the person having control of a site occupied for the purpose of a pleasure fair, whether being the owner or lessee or some other person;
• “passenger carrying amusement device” means an amusement device which is either designed to allow passengers or patrons to move or travel on it by means of cars, carriages or other means, or is large enough for them to enter on to or into the structure of the device;
• “person having control of any amusement device” means the person for the time being operating or managing a particular amusement device, whether he is the owner or some other person;
• “pleasure fair site” means the area occupied by the pleasure fair in its entirety;
• a reference to a caravan, stand, stall or structure is a reference to a caravan, stand, stall or structure used or intended to be used for the purposes of or in connection with any pleasure fair, and any additional living quarters placed against or attached to a caravan Shall be treated as part of that caravan.

Regulation of opening hours

3.

• (i) The manager shall not keep the pleasure fair open between the hours of 11pm and 10am.
• (ii) The Council may, by resolution, vary these hours in specified cases or generally.

Notice

4.

• (i) The manager shall give the Council in writing at least 5 working days’ prior notice of the intention to hold a pleasure fair, specifying the dates and the place at which such a pleasure fair is to be held.
• (ii) The notice to be given under this byelaw shall be in addition to and not in substitution for any notice required to be given under any other enactment.

5. A person having control of any amusement device at a pleasure fair in which seating is provided for more than 30 persons shall ensure that seating and gangways are fixed and arranged to the satisfaction of the Council and the fire authority, and that:

• (i) seats and gangways allow free and ready access direct to the exit of the amusement device;
• (ii) all seats are securely fixed in position or rigidly linked together in rows except where chairs are placed in boxes or separate enclosures; and
• (iii) there are sufficient gangways to allow for safe egress from the amusement device.

6. The manager of a pleasure fair shall, where adequate sanitary accommodation is not already available within reasonable distance of all parts of such pleasure fair:

• (a) provide sufficient and suitable sanitary conveniences for the public attending the pleasure fair;
• (b) label separate conveniences for men and women respectively in such proportion as may be appropriate;
• (c) maintain the conveniences in good repair and in a clean and wholesome condition; and
• (d) cause the conveniences and the labels provided in accordance with this byelaw to be adequately illuminated during the hours of darkness while the public are at the pleasure fair.

7. A person occupying any part of a pleasure fair shall, as respects that part, and the manager shall, as respects any part of the premises not occupied by some other person:

• (a) as far as is reasonably practicable cause that part to be kept in clean condition; and
• (b) as often as is necessary cause any refuse or litter within that part to be collected and deposited in a suitable receptacle.

8. The manager shall cause all refuse and litter to be collected at suitably frequent intervals from all such receptacles as are maintained in the foregoing byelaw and to be removed to a place where it will not cause hazard or nuisance.

9. The manager shall ensure that:

• (a) all grass and vegetation around the amusement devices, vehicles, trailers, caravans and other structures is kept short and any cuttings removed; and
• (b) the spaces beneath and between amusement devices, vehicles, trailers and caravans are not used for the storage of combustible materials.

10. On vacation of the site on which a pleasure fair has been held or any part thereof, the manager shall remove or cause to be removed any refuse or litter remaining thereon, so as to leave it in a clean and tidy condition.

11. Every person having control of a caravan shall ensure that it is sited in such a position that sufficient space is maintained between it and any other caravan or structure to allow for means of escape in case of fire.

Penalty

12. Any person offending against any of the foregoing byelaws shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Defence

13. It shall be a defence for a person to prove that he had taken all reasonable precautions and exercised all due diligence to prevent the commission of an offence under these byelaws.

Revocation

14. The byelaws made by the Arun District Council on 1st September 1975 and confirmed by the Secretary of State on 14th November 1975 are hereby revoked.

Delwyn Jones Authorised Signatory

Seal Book No. 68/2009

These Byelaws are confirmed by the Secretary of State and shall come into operation one calendar month after the date of confirmation.

Signed by Authority of the Secretary of State

P.Rowsell Senior Civil Servant in the Department for Communities and Local Government

Date 8 September 2009

I certify that this is a true copy of the Byelaws as confirmed by the Secretary of State for the Communities and Local Government

Wendy Ashenden-Bax Solicitor to the Council

To discuss anything relating to these byelaws please contact parks@arun.gov.uk

Byelaws Pleasure Grounds and Open Spaces

With respect to PLEASURE GROUNDS and OPEN SPACES of the District of ARUN made by the District Council of Arun under Section 15 and Sections 12 and 15 of the Open Spaces Act 1906 and Section 164 of the Public Health Act 1875.

1. Throughout these byelaws the expression "the council" means the Arun District Council and the expression "the ground" means each of the pleasure grounds and open spaces referred to in the first schedule annexed hereto.

2. An act necessary to the proper execution of his duty in the ground by an officer of the Council or by any person or servant of any person employed by the Council shall not be deemed an offence against these byelaws.

3. A person shall not in the ground

• (i) climb any wall or fence in or enclosing the ground or any tree or any barrier railing post or other erection.
• (ii) without reasonable excuse remove or displace any wall or fence in or enclosing the ground or any barrier railing post or seat or any part of any erection or ornament or any implement provided for use in the laying out or maintenance of the ground.
• (iii) remove or displace any ground soil turf or plant.

4. A person shall not, except in pursuance of a lawful agreement with the Council or otherwise in the exercise of any lawful right or privilege, bring or cause to be brought into the ground any cattle sheep goats or pigs or any beast of draught or burden.

5. A person shall not, except in the exercise of any lawful right or privilege ride a horse in any of the grounds.

6. 

• (i) a person shall not except in the exercise of any lawful right or privilege bring or cause to be brought into the ground any barrow truck machine or vehicle (including a motor vehicle) other than -
  • (a) a wheeled bicycle, tricycle or other similar machine
  • (b) a wheel-chair or perambulator drawn or propelled by hand and used solely for the conveyance of a child or children or an invalid.

Provided that where the Council set apart a space in the ground for the use of any class of vehicle this byelaw shall not be deemed to prohibit the driving in or to that space by a direct route from the entrance to the ground of any vehicle of the class for which it is set apart,

• (ii) a person shall not except in the exercise of any lawful right or privilege ride any bicycle tricycle or other similar machines in any part of the ground.

7. A person who brings a vehicle into the ground shall not wheel or station it over or upon

• (i) any flower bed shrub or plant or any ground in course of preparation as a flower bed or for the growth of any tree shrub or plant
• (ii) any part of the ground where the Council by a notice board affixed or set up in some conspicuous position in the ground prohibit its being wheeled or stationed.

8. A person shall not in the ground skate on rollers skateboards wheels or other mechanical contrivances to the danger of any person using the ground.

9. A person shall not affix any bill placard or notice to or upon any wall or fence in or enclosing the ground or to or upon any tree or plant or to or upon any part of any building barrier or railing or of any seat or of any other erection or ornament in the ground.

10. A person shall not in the ground walk run stand sit or lie upon

• (i) any grass turf or other place where adequate notice to keep off such grass turf or other place is exhibited
• (ii) any flower bed or for the growth of any tree shrub or plant.

11. A person shall not in the ground

• (i) bathe wade or wash in any ornamental lake pond stream or other water
• (ii) intentionally recklessly or negligently foul or pollute any such water

12.

• (i) a person shall not cause to suffer any dog belonging to him or in his charge to remain in the ground unless such dog be and continue to be under proper control and effectively be restrained from causing annoyance to any person and from worrying or disturbing any animal or water fowl from entering any ornamental water
• (ii) provided further that a person shall not cause or suffer any dog belonging to him or in his charge to enter any of the enclosed parts of the ground listed in the Third Schedule hereto.

13. A person shall not in the ground play the sport or pursuit of archery discus shot hammer or javelin throwing drive pitch or chip a hard golf ball except in any part of the pleasure ground set apart for such activities.

14. Where the Council set apart any such part of the ground as may be fixed by the Council and described in a notice board affixed or set up in some conspicuous position in the ground for the purpose of any game specified in the notice board which by reason of the rules of manner of playing or for the prevention of damage danger or discomfort to any person in the ground may necessitate at any time during the continuance of the game the exclusive use by the player or players of any space in such part of the ground - a person shall not in any space elsewhere in the ground play or take part in any game so specified in such a manner as to exclude persons not playing or taking part in the game from the use of such a space.

15. A person resorting to the ground and playing or taking part in any game for which the exclusive use of any space in the ground has been set apart shall

• (i) not play on the space any game other than the game for which it is set apart
• (ii) in preparing for playing and in playing use reasonable care to prevent undue interference with the proper use of the ground by other persons
• (iii) when the space is already occupied by other players not to play thereon without their permission
• (iv) where the exclusive use of the space has been granted by the Council for the playing of a match not play on that space later than a quarter of an hour before the time fixed for the beginning of the match unless he is taking part therein
• (v) except where the exclusive use of the space has been granted by the Council for the playing of a match in which he is taking part not use the space for a longer time than two hours continuously if any other player or players make known to him a wish to use the space.

16. A person shall not in the ground play cricket hockey football or any other ball game to the danger discomfort or annoyance of any other person using the ground.

17. A person shall not in any part of the ground which may have been set apart by the Council for any game play or take part in any game when the state of the ground or other cause makes it unfit for use and a notice is set up in some conspicuous position prohibiting play in that part of the ground.

18. A person shall not in the ground

• (i) except as hereinafter provided erect any post rail fence pole tent booth stand building or other structure. Provided that this prohibition shall not apply where upon an application to the Council they grant permission to erect any post rail fence pole tent booth stand building or any other structure upon such occasions for such purpose as are specified in the application.
• (ii) sell or offer or expose for sale or let to hire or offer or expose for letting to hire any commodity or article unless in pursuance of an agreement with the Council or otherwise in the exercise of any lawful right or privilege he is authorised to sell or let or hire in the ground such commodity or article.

19. A person shall not in the ground intentionally obstruct disturb or annoy any other person in the proper use of the ground or intentionally obstruct or disturb any officer of the Council in the proper execution of his duty or any person or servant of any person employed by the Council in the proper execution of any work in connection with the laying out or maintenance of the ground.

20. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding Fifty Pounds.

21. Every person who shall infringe any byelaw for the regulation of the ground may be removed therefrom by any officer of the Council or by any police constable in any one of the several cases hereinafter specified that is to say

• (i) where the infraction of the byelaw is committed within the view of such officer or constable and the name and residence of the person infringing the byelaw are unknown and cannot be readily ascertained by such officer or constable
• (ii) where the infraction of the byelaw is committed within the view of such officer or constable and from the nature of such infraction or from any other act of which such officer or constable may have knowledge or of which he may be credibly informed there may be reasonable ground for belief that the continuance in the ground of the person infringing the byelaw may result in another infraction of a byelaw or that the removal of such person from the ground is otherwise necessary as a security for the proper use and regulation thereof.

22. The Byelaws relating to the ground which are contained in the Second Schedule hereto are hereby repealed.

Schedule I

Grounds for which Byelaws are made under Section 164 of the Public Health Act 1875 -

• Caffyns Field, Littlehampton
• Felpham Recreation Ground, Bognor Regis
• Hawthorn Road Recreation Ground, Bognor Regis
• Jubilee Gardens, Arundel
• Langmeads Recreation Ground, East Preston
• Linden Park. Littlehampton
• Little Twitten Recreation Ground, Ferring
• Maltravers Park, Littlehampton
• Marina Gardens, Littlehampton
• Mewsbrook Park, Littlehampton
• Norfolk Park, Littlehampton
• Steyne Gardens, Bognor Regis
• Swansea Gardens, Bognor Regis
• The Green, Littlehampton
• Water Lane Recreation Ground, Littlehampton
• Waterloo Square, Bognor Regis
• Wick Recreation Ground, Littlehampton
• Village Green, East Preston

Grounds for which Byelaws are made under Section 15 of the Open Spaces Act 1906 - 

• Admiralty Gardens, Felpham, Bognor Regis
• Aldwick Road, Bognor Regis
• Aldwick Felds, Bognor Regis
• Clapham Recreation Ground, Clapham
• Ferring Glebeland, Ferring
• Ferring Village Green, Ferring
• Fitzalan Recreation Ground, Arundel
• Flansham Lane Recreation Ground, Bognor Regis
• Guildford Road, Rustington
• Hampshire Avenue Recreation Ground, Bognor Regis
• Hothampton, Bognor Regis
• Holmwood, Findon
• King George V Playing Fields, Felpham, Bognor Regis
• Lashmar Recreation Ground, East Preston
• Lobs Wood, Littlehampton
• Lyminster Green, Lyminster
• Mill Road Open Space, Arundel
• North Lane Recreation Ground, Rustington
• North Meads, Bersted, Bognor Regis
• Old Rectory Gardens Recreation Ground, Felpham, Bognor Regis
• Rock Gardens, Bognor Regis
• West Meads, Bognor Regis
• West Park, Bognor Regis

Grounds for which Byelaws are made under Sections 12 and 15 of the Open Spaces Act 1906 -

• Avisford Park, Bognor Regis
• Bersted Green, Bognor Regis
• Finnistere Way Open Space, Littlehampton
• Hotham Park, Bognor Regis
• Middle Mead Open Space, Littlehampton
• Milton Avenue, Littlehampton
• Palmer Road Recreation Ground, Angmering
• Regis Centre Gardens, Bognor Regis
• Southfields Recreation Ground, Littlehampton
• The Haven Open Space, Littlehampton
• The Whapple Open Space, Littlehampton
• Windward Close Open Space, Littlehampton

Schedule II

Schedule II

Byelaws with respect to the undermentioned grounds	Dates of Confirmation	Authority by whom made
In Bognor Regis - Collyer Avenue Recreation Ground Hawthorn Road Recreation Ground Marine Park West Gardens Pavillion Gardens Waterloo Square Gardens	11th August 1932	Bognor Regis UDC
Felpham Recreation Ground	22nd August 1949	Bognor Regis UDC
In Littlehampton - Caffyns Field	16th January 1973	Littlehampton UDC
Mewsbrook Pleasure Ground	28th August 1957	Littlehampton UDC
Linden Park Recreation Ground Wick Recreation Ground	2nd April 1952	Littlehampton UDC
The Green	4th September 1911	Littlehampton UDC
In other parts of the District -  Little Twitten Recreation Ground, Sea Lane, Ferring Village Green, Sea Road, East Preston Palmer Road Recreation Ground, Angmering Roundstone Drive and Lashmar Road, East Preston Glebe Recreation Ground, Ferring Village Green, Ferring Street, Ferring	25th May 1966 (as amended 31st July 1969)	Worthing RDC
Langmead Recreation Ground, East Preston	20th January 1972	Worthing RDC

Schedule III

(Enclosed part of Grounds to which Byelaw 12(ii) relates)

• Mill Road Open Space, Arundel - entire ground
• Norfolk Gardens, Littlehampton - bowls area and pitch and putt area
• Swansea Gardens, Bognor Regis - bowls area
• Waterloo Square, Bognor Regis - bowls area

Given under the Common Seal of the Arun District Council this 11th Day of May 1982

PL Owens, Secretary

The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into operation on 8th Day of December 1982.

Signed by authority of the Secretary of State

GI de DENEY

An Assistant Under Secretary of State

Home Office, London SW1

24 November 1982

This is a true copy of the byelaws as confirmed by the Secretary of State for the Home Office.

PL Owens, Secretary

To discuss anything related to these byelaws please contact engineering.services@arun.gov.uk

Seashore and promenades byelaws

Byelaws made by the Arun District Council by virtue of the powers conferred on the Council by Section 82 and 83 of the Public Health Acts Amendment Act 1907 for the regulation of the Seashore and Promenades.

1. Throughout these Byelaws the following words and expressions have the meaning hereinafter respectively assigned to them :-

• "The Council" means Arun District Council.
• "The Seashore" means the seashore in the District so far as it is for the time being vested or leased to the Council and shall also include the seashore, walkways and hardstandings situated in the Parish of Pagham and vested in the Pagham Parish Council.
• "The Promenade" means the promenades situated at Bognor Regis and Littlehampton and vested in the Council.

2. No person shall participate in any game, sport or pastime in a manner likely to interfere with or cause annoyance or danger to any users of the Foreshore or Promenade.

3. No person shall on the Promenade or Seashore beg or solicit alms, or for the purpose of selling or advertising any article or of obtaining custom, tout or importune either verbally or by the distribution of handbills, circulars or advertisements.

4. No person shall light any fire on the Seashore or Promenade to the danger or annoyance of any persons using the Seashore or Promenade.

5.

• (a) No person shall on the Seashore or Promenade break in any horse or other animal or ride or drive any horse or other animal in a race so as to cause danger or annoyance to any person using the Seashore or Promenade.
• (b) No person shall between the hours of ten in the morning and six in the evening on any day between the First day of May and the Thirtieth day of September ride any horse or other animal on any part of the Seashore or Promenade.

6. No person shall ride, drive or park any vehicle drawn or propelled by any mechanical power or sail any land yacht or ride any bicycle, tricycle, cyclomobile, skate-board or similar machine on any part of the Seashore or Promenade. Provided that this Byelaw shall not apply to any person riding, driving or parking any machine or vehicle otherwise than to the obstruction or danger of any other person lawfully using the Promenade or Seashore if the person so riding, driving or parking has lawful authority so to do. Provided also that this Byelaw shall not apply:-

• (a) to any person in the service of the local authority for the purpose of collecting refuse, litter or sweeping or for any purpose connected with maintenance, repair, reconstruction or improvement of the Promenade, for any purpose connected with the laying out, maintenance and gardening works to the gardens abutting the Promenade, or for any works under the Coast Protection Act 1949.
• (b) for the purpose of transporting goods and equipment to or from any premises on or abutting the Promenade.
• (c) for the purpose of any emergency in connection with the saving of life.
• (d) for the purpose of access at all times for the emergency vehicles of the Police, Fire, Ambulance and Coastguards.
• (e) to any person bona fide riding, driving or parking an invalid carriage.

7. No person shall erect, fix, deposit or leave upon the Promenade, or the seats or any other erections belonging to the Council thereon:-

• (i) Any boats, canoes, or other vessels
• (ii) Any nets, fishing lines, pots, or other fishing gear, or any ropes, sails, cordage, spars, chains, anchors or ships' or boats' gear
• (iii) Any boards, timber, stones, iron or lumber

to the danger, obstruction or annoyance of any person using the Promenade.

Provided that nothing in this Byelaw shall prohibit the depositing or leaving on the Promenade of any boat or fishing gear at any time when owing to stress or weather or high tides such a course may be necessary or expedient for the safety thereof; but a sufficient space or throughfare shall at all times be left clear along the promenade for the use of pedestrians and wheelchairs.

8. No person shall on the Seashore or Promenade intentionally obstruct or disturb any constable or officer of the Council in the proper discharge of his duties or any person employed by the Council in the proper execution of any work connected with the improvement, maintenance or regulation of the Seashore or Promenade.

9. A person shall not cause or suffer any dog belonging to him or in his charge to remain on the Promenade or Seashore unless such dog be and continue to be under proper control and effectively be restrained from causing annoyance to any person.

10. Every person who shall offend against any of the foregoing Byelaws shall be liable on summary conviction for every offence to a penalty not exceeding £100.00

11. Nothing contained in any of the foregoing Byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown of any estate or interest in or right over any foreshore below high water mark in the ownership of the Crown, or any part thereof, nor shall anything contained in or done under any of the provisions of the foregoing Byelaws in any respect prejudice or injurously affect the rights and interests of the Crown in such foreshore, or prevent the exercise thereon of any public rights, or prejudices or injuriously affect any right, power or privilege legally exercisable by the Council or any other person in, over and in respect of the Seashore.

12. The Byelaws contained in the Schedule hereto are hereby repealed.

Schedule

Byelaws	Dates of Confirmation	Authority by Whom Made
Seashore and Promenade	15th August 1934	Littlehampton UDC
Beach, Sands, Foreshore, Parade or Promenade	3rd March 1927	Bognor Regis UDC
Foreshore (so far they relate to Parish of Pagham)	6th November 1934	Chichester RDC

Solicitor to the Council

The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 22nd day of April 1987.

Signed by authority of the Secretary of State

QJ THOMAS

An Assistant Under-Secretary of State

9th April 1987

 

Amendment

Byelaws made by the Arun District Council by virtue of the powers conferred on the Council by Sections 82 and 83 of the Public Health Acts Amendment Act 1907 for the regulation of the Seashore and Promenades.

Byelaw 1 in respect of the Series of Byelaws relating to the Seashore and Promenade by Arun District Council on 18th November 1956 and confirmed by the Secretary of State on the 22nd April 1987 is hereby to read as follows:-

"The Seashore" means the Seashore in the District so far as it is for the time being vested or leased to the Council and shall include any sea wall constructed or maintained by the Council pursuant to the Coastal Protection Act 1949 and shall also include the seashore walkways and hardstandings situated in the Parish of Pagham and vested in the Pagham Parish Council.

Given under THE COMMON )
SEAL of the ARUN DISTRICT )
COUNCIL this 26th day of )
April 1990. )

Solicitor to the Council
Seal book No. 301/90

To discuss anything related to these byelaws please contact beaches@arun.gov.uk

Seaside Pleasure Boats

Byelaws for the prevention of danger, obstruction or annoyance to persons bathing in the sea or using the seashore, made by the ARUN DISTRICT COUNCIL in pursuance of Section 76 of the Public Health Act 1961.

1. In these byelaws "navigator" means the person who, whether as owner or otherwise, has the charge or control of a pleasure boat and includes a person who being present, is entitled to give orders to the person having charge or control.

2. Except as provided in byelaw 3, these byelaws apply to the seashore within the Arun District from the east side of Pagham Harbour Entrance (OS Reference SZ 8808/9613) to a point 300 metres east of Sea Lane Ferring (OS Reference TQ 1031/0158) but excluding the entrance mouth of the river Arun and therefrom a distance seaward of 300 metres from mean low water mark.

3.

• (a) This byelaw applies to the area defined in byelaw 2 with the exception of a channel formed by groynes 1 and 2 near Walton Avenue and Gloucester Road, Bognor Regis and imaginary straight lines forming an extension seaward of those groynes.
• (b) No person, being the navigator of a pleasure boat, shall during the months of April to October inclusive cause or suffer such vessel to exceed a speed of eight knots through the water in the area to which this byelaw applies.
• (c) This byelaw shall not apply to any person when taking part in any event organised by the District Council or organised by any other person with the consent of the Council in writing, or acting in a rescue operation or involved in some other emergency.

4. No person, being the navigator of a pleasure boat, shall cause or suffer such vessel to be driven or sailed in a dangerous manner or without due care and attention or without reasonable consideration for other persons.

5. No person, being the navigator of a pleasure boat propelled by an internal combustion engine, shall use the pleasure boat unless the engine is fitted with a silencer suitable and sufficient for reducing as far as may be reasonable the noise caused by the escape of the exhaust gases of the engine.

6. Any person offending against any of the foregoing byelaws shall be liable on summary conviction to a fine not exceeding £400.

7. Nothing contained in any of the foregoing byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown or any other person as owner of the foreshore and seabed below high water mark of any estate or interest in or right over such foreshore and seabed or any part thereof nor shall anything contained in or done under any of the provisions of the foregoing byelaws in any respect prejudice or injuriously affect the rights and interest of the Crown or of any such other person in such foreshore and seabed or prevent the exercise thereon of any public right or prejudice or injuriously affect any rights power or privilege legally exercisable in, over and in respect of the foreshore and seabed.

8. The Byelaws relating to Seaside Pleasure Boats which are contained in the Schedule hereto are hereby repealed.

Schedule

Schedule

Authority by Whom Made	Date of Confirmation
Bognor Regis UDC	27 September 1968
Chichester RDC	27 February 1969
Littlehampton UDC	27 May 1964
Worthing RDC	26 November 1965

PL OWENS, SECRETARY

The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 10 day of April 1985.

Signed by authority of the Secretary of State

ME HEAD, an assistant under-Secretary of State

27 March 1985

Navigation of Sailboards

Byelaws to regulate, for preventing danger to bathers, the navigation of sailboards, made by the ARUN DISTRICT COUNCIL in pursuance of Section 231 of the Public Health Act 1936.

1. In these byelaws "sailboard" means a vessel in the form of a raft with one or more sails designed to be navigated by a person standing upright thereon.

2. The Council hereby allots for public bathing at all times all areas of sea within the Arun District from the east side of Pagham Harbour Entrance (OS Reference SZ 8808/9613) to a point 300 metres east of Sea Lane Ferring (OS Reference TQ 1031/0158) but excluding the entrance mouth of the river Arun and therefrom a distance seaward of 600 metres from mean high water mark except a channel formed by groynes 1 and 2 near Walton Avenue and Gloucester Road, Bognor Regis and imaginary straight lines forming an extension seaward of those groynes.

3.

• (a) This byelaw applies at all times to the areas allotted for public bathing by byelaw 2.
• (b) No person shall, within the areas allotted public bathing in byelaw 2, cause or permit a sailboard to be sailed or otherwise propelled to the danger of bathers.

4. Any person offending against byelaw 3 shall be liable on summary conviction to a fine not exceeding £100.

5. Nothing contained in any of the foregoing byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown or any other person as owner of the foreshore and seabed below high water mark of any estate or interest in or right over such foreshore and seabed or any part thereof nor shall anything contained in or done under any of the provisions of the foregoing byelaws in any respect prejudice or injuriously affect the rights and interest of the Crown or of any such other person in such foreshore and seabed or prevent the exercise thereon of any public right or prejudice or injuriously affect any rights power or privilege legally exercisable in, over and in respect of the foreshore and seabed.

PL OWENS, SECRETARY

The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 10 day of April 1985.

Signed by authority of the Secretary of State

ME HEAD, an assistant under-Secretary of State

27 March 1985

For anything relating to these byelaws please contact beaches@arun.gov.uk

Byelaws - West Beach Local Nature Reserve

The Arun District Council, in exercise of the powers conferred upon them by Sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949, in accordance with Section 236 of the Local Government Act 1972, hereby make the following Byelaws for the protection of the Local Nature Reserve at West Beach in the Parish of Littlehampton in the County of West Sussex.

Interpretation

1. In these Byelaws:

• (a) ‘The Reserve’ shall mean the pieces or parcels of land containing in the whole 32 hectares or thereabouts and situated in the Parish of Littlehampton in the County of West Sussex declared to be managed as a Local Nature Reserve by the Declaration dated the 23rd day of September 1993 made by the Arun District Council in pursuance of Section 21 of the National Parks and Access to the Countryside Act 1949 and all other powers aforesaid, and the Reserve is for the purposes of identification shown as nearly as may be on the map annexed to these Byelaws and thereon edged with dotted line;
• (b) ‘The Council’ shall mean the Arun District Council; and
• (c) ‘The Firearm’ shall have the same meaning as in Section 57 of the Firearms Act 1968.

2. Within the Reserve, the following acts are hereby prohibited except insofar as they may be authorised by a Permit issued by the Council in accordance with Byelaw 3, or are necessary to the proper execution of his or her duty by an officer of the Council or by any person, or servant of any person, employed or authorised by the Council.

Restriction of Access

• (i) Entering at any time those parts of the Reserve hatched on the attached map or where notice to keep out has been posted by order of the Council.

Damage to or disturbance of things in the Reserve

• (ii) Taking, molesting or intentionally disturbing, injuring or killing any living creature;
• (iii) Taking or intentionally disturbing or destroying the eggs, larvae, pupae or other immature stages, or the place used for the shelter or protection of any living creature;
• (iv) Intentionally removing or displacing any tree, shrub, plant, fungus or part thereof, or any unfashioned mineral thing including water;
• (v) Climbing or ascending any tree or climbing or placing a ladder or steps against a tree.

Bringing animals into the Reserve

• (vi) Bringing into, or permitting to remain within, the Reserve any dog unless it is kept on a lead or ‘at heel’, or any other animal unless it is kept under proper control, and is prevented from worrying or disturbing any animal or bird;
• (vii) Bringing, or permitting to be brought, into the Reserve, except along designated rights of way, any horses, pony or beast of draught of burden.

Areas of water

• (viii)Committing any act which pollutes or is likely to cause pollution of any water;
• (ix) Water skiing or jet skiing;
• (x) Obstruction the flow of any drain or watercourse.

Use of vehicles

• (xi) Driving, riding, propelling or leaving any mechanically propelled vehicle (including hovercraft) elsewhere than on a highway or road or in a place indicated by a notice as being available for the purpose;
• (xii) Operating any aircraft, including hang glider, motorised glider or microlite craft, at such a height that persons on the ground or in buildings may be inconvenienced or annoyed or animals may be disturbed.

Use of certain equipment

• (xiii) Using any apparatus for the reception, reproduction, or amplification of sound or speech by electrical or mechanical means, except apparatus designed and used as an aid to defective hearing and apparatus used in a vehicle so as not to produce sound audible by a person outside the vehicle;
• (xiv) Using any devise designated or adapted for detecting or locating any metal or mineral in the Reserve.

Use of Firearms etc.

• (xv) Being in possession of a firearm, with ammunition suitable for use in that firearms, or discharging a firearm or lighting a firework;
• (xvi) Projecting any missile or by artificial means (including by means of crossbow or catapult).

General Prohibition

• (xvii) Erecting, occupying or using any tent, shed, caravan or other structure for the purpose of camping elsewhere than in an area indicated by a notice as being available for camping;
• (xviii)Erecting any post, rail, fence, pole, stand, building or other structure;
• (xix) Neglecting to shut any gate or to fasten it if any means of doing so are provided;
• (xx) Posting or placing any notice or advertisement;
• (xxi) Selling or offering, or exposing for sale, or letting for hire or offering or exposing for letting for hire, any commodity or article, or selling or offering to sale any service;
• (xxii) Engaging in any activity which is causing or likely to cause a disturbance or holding any show, performance, public meeting, or exhibition;
• (xxiii) Intentionally or recklessly removing or displacing any notice board, notice exhibited order of the Council, apparatus, wall, boundary bank, fence, barrier, railing, post or hide;
• (xxiv) Lighting of any fire, stove, heater or other appliance capable of causing a fire, elsewhere than in an area indicated by a notice as being available for camping;
• (xxv) Letting fall or throwing any lighted match or lighted substance in a manner likely to cause a fire;
• (xxvi) Intentionally leaving items in a place other than a receptacle provided by the Council for deposit of litter or refuse.

Interference with duly authorised Officer

• (xxvii) Intentionally obstruction any Officer of the Council or any person, or the servant of any person, employed or authorised by the Council in the execution of any works including research or scientific work connected with the laying out, maintenance or management of the Reserve.

3. The Council may issue permits authorising any person to do any act or class of acts within the Reserve or any part thereof which would otherwise be unlawful under these Byelaws.

Any such permit shall be issued subject to the following conditions:

• (i) that it must be carried whenever a visit is made to the reserve and produced for inspection when required by a person duly authorised by the Council in that behalf; and
• (ii) that it may be revoked by the Council at any time.

4. These Byelaws shall not operate so as to interfere with the exercise:

• (i) by a person of:
  • (a) a right vested in him or her as owner, lessee or occupier of land in the Reserve;
  • (b) any easement or profit, a prendre to which he is entitled; and
  • (c) any public right of way.
• (ii) of any function of a Local Authority, Statutory Undertaker or water undertaking; and
• (iii) by a Constable or a member of the armed forces or any Fire Brigade or Ambulance Service of the performance of his or her duty.

5. Any person who offends against any of these Byelaws shall be liable on summary conviction to a fine not exceeding Level 2 as laid down in the Criminal Justices Act and, in any case of a continuing offence, to a further fine for each day during which the offence continues after the said conviction.

THE COMMON SEAL of the ARUN DISTRICT COUNCIL was hereunto affixed this 25th day of May 1995 in the presence of:-

Douglas Hamilton Authorised Signatory

The Secretary of State confirmed these Byelaws on 4 July 1995