Introduction
By definition, byelaws are laws or provisions passed by the local government or authorities. Primarily, they are passed by the local authorities with the objective of solving or preventing the occurrence of certain issues (Keene 2002). The authority of state law, charter or provincial, specifies the concerns which may have to be regulated by local authorities. The difference between common law and a byelaw is that common laws are passed and enacted by a provincial, state of federal body while bylaws are passed and enacted by a non-sovereign body such as local councils. The non-sovereign body draws its mandate primarily from a governing body such as the state or federal government. In the UK, the municipal council has the authority to pass and enact byelaws through the federal government or charter after confirmation by the secretary of the state. The byelaws specify the things that have to be regulated by the byelaws passed. Local councils powers have been provided by the Acts of Parliament as provided under Local Government Act 1972 (Parry, 2011). Some of these bylaws are related to occupational health and safety in the workplace and other areas. Basically, they ensure that health and safety are managed in different places within the municipality. The objective of the current report is to explore the effectiveness of byelaws. To achieve this objective, different aspects such as benefits or importance of bylaws and who makes the bylaws shall be used as a platform for the report study.
Discussions
By laws, their importance and effectiveness
Byelaws are made and passed by the local authorities under the Act of the Parliament (Bailey, 2005; Communities and Local Government 2008). Primarily, the Local Government Act 1972 has given local authorities the authority to make legally binding rules that govern the areas and the people under that particular region (Slapper, &Kelly 2001). The authors add that byelaws are part of delegated legislation which is more important than the Acts of Parliament. Delegated legislation is important in the sense that it saves the parliament the time that could be used while discussing a concern and an issue at local rather than national level (Slapper & Kelly 2001). Byelaws are made with conjunction with the local people thus making them valid (Thomas Reuters 2012). After consulting the local people, the council responds with the raised concerns. When the byelaws have been approved by the secretary of the state, they are then confirmed as part of the municipal byelaws (Prytherch 2005). Like any other laws, byelaws ensure that law and order are maintained. Moreover, any breach of the set byelaws calls for a penalty fine or fixed penalty fine (Communities and Local Government 2008). This reduces the level of committing offences which jeopardize the safety and health of others For example, in case the offence is serious like a road accident as a result of reckless driving, the offender is taken to a magistrate court (Thomas Reuters 2012). Therefore, it is through byelaws that the safety of people in ensured in road or transport industry.
Byelaws play an integral role in ensuring that the safety and the health of people are achieved thus making them effective and appropriate. As noted by Garmory, Tennant, and Winsch (2007), in the reserves and recreational centers, byelaws are adopted to restrict the movement and entry on certain days or during centers in hours of the day. In addition, the assist in prohibiting fires and littering of recreational and conservancies thus increase the level of safety. For example, littering is a form of environmental pollution which threatens people and animals in natural habitats. Furthermore, fires can lead to suffocation, death, or fatal accidents. Through byelaws, people acquire permits to undertake forbidden activities in conservancies and recreational parks. All these precautions are carried by the local government to ensure the safety and the health wellbeing of the local people. The byelaws related to pleasure grounds and public walks are enacted under Section 164 of the Public Health Act 1875 (ODPM 2006; Parry 2011).
Byelaws are relatively important as they ensure greener, safer and cleaner environments (ODPM 2006). Issues related to poor quality environment especially in public open spaces are addressed through the set byelaws. As a result, safety to the local residents is enhanced and promoted. Policies and byelaws related to occupational health and safety are increasing becoming very vital in municipals (Coggan & Gabites 2007). Byelaws give the local people and the local authorities a mission to undertake in ensuring the environmental, social and economic wellbeing of people. Through the implementation of acts related to community safety, the local government is accorded the authority to promote community safety, promote and increase public confidence on safety and health issues and concerns. As noted by Bassett (2012), through the enactment of byelaws in UK, issues related to pollution control, OHS, control of communicable diseases, food safety and waste management have been addressed. For example, Section 231 of the Public Health Act 1936 addresses public bathing in UK which is an issue related to health and safety (ODPM 2006; Parry, 2011). For instance section 231 ensure that the safety and the health of bathers are necessitated. For example, subsection 1(e and f) of s231 of the Public Health Act 1936, require persons offering accommodation for bathing to avail appliances essential in life saving practices or provide other means which can protect bathers from any form of life threatening danger (The National Archives 2012). In addition, the byelaws regulate and prevent danger which swimmers and bathers may be exposed to especially while using navigation vessels for recreational or pleasure purposes (The National Archives 2012). These are some of the byelaws which ensure the safety of people.
According to Hughes and Ferrett (2009), the workplace is governed by byelaws which are related to health and safety hazards. In addition, they also provide safeguards to issues related to workplace safety, noise nuisance, and ways or mechanisms applied to prevent health hazards (McFarlane, 2010). These are passed under section 235 of the Local Government Act 1972 (ODPM 2006; Parry, 2011). Safety is ensured in the transport sector through the use of byelaws. In addition, road accidents and road accidents fatalities are reduced. For example, byelaws related to walkways have been passed under section 35 of the Highways Act 1980. For instance, it is against the byelaws for any person to play football on the land or space near a major highway. This is because it exposes the player to road accidents, traffic obstruction or compels the driver to commit road accidents (ODPM 2006). In addition, heath is managed in the public places and city streets. For example, people are prohibited from defecating or urinating in a public place of street. This is because these acts jeopardize the health and wellbeing of other people.
Employees are prone to workplace accidents and hazards which result to deaths or injuries. As noted by Alli (2001), millions of employees get injured or die annually from workplace hazards. Through the enforcement of bylaws, occupational health and safety is improved for better (Great Britain 2007). Exposure to workplace hazards infect a large proportion of employees which result to increased expenses and family burden. However, the enactment of policies and byelaws related to OHS over the years has reduced workplace hazards drastically thus promoting safety and health in the workplace (Bartrip 2006). For example, according to Hughes and Ferrett (2009), byelaws have been passed related to how to operate of machinery, processes and equipments without the risk to safety and health concerns. Under Section 15 of the Local Government Act 1982 (UK Government 2009), byelaws related to cleanliness in workplace and open places have been passed. This ensures that the safe health of people is promoted. Therefore, byelaws are effective as they ensure safety and welfare among the citizens are promoted (Goldberg 2001). Other byelaws are concerned with stake boarding, climbing of bridges and verges climbing which are passed under Section 235 of the Local Government Act 1972 (ODPM 2006a; Evans 1997; Government of UK 2005).
According to Fernandes (2006) byelaws that govern building and construction ensure the safety of residents. For instance, they ensure that buildings meet the required standards, have fire fighting requirements and proper ventilation. This promotes the health of the people as well as their safety too. In addition, byelaws are employed to ensure that the anticipated health and safety standards are achieved (Ley 2000). This has been supported by Brennan and Casey (2008) who opine that byelaws requirements ensure that owners of buildings comply with the set rules and regulations.
Conclusion
Based on the report study investigation, it is imperative to note that byelaws are important and effective. In addition, they ensure that offences which jeopardize the safety and health of people are addressed. By addressing the concerns or issues that affect the people, byelaws protect the lives of the people. Byelaws are passed under section 235 of the Local Government Act 1972 after which they are later by the secretary of state. The byelaws are effective as they ensure fines or penalty fines are carried on persons who breach the set byelaws. In recreational places such as parks and conservancies, movement of people is controlled to prevent littering and fires which are health and safety hazards. Byelaws ensure greener, safer and cleaner environments making them effective and important. Through legal provisions, cleanliness is promoted in open space thus promoting occupational health and safety. Moreover, issues related to pollution control, OHS, control of communicable diseases, food safety and waste management are addressed. Byelaws regulate and prevent danger which bathers are exposed to by requiring bathing providers to have life saving appliances. In the workplace, byelaws safeguard issues related to workplace safety, noise nuisance, and workplace safety hazards. In the transport sector, byelaws reduce the number of road accidents and traffic obstruction activities. Lastly, byelaws related to OHS reduce workplace hazards drastically thus promoting safety and health in the workplace.
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