The Byelaws Review Team within the Defence Infrastructure Organisation has been set up specifically to carry out an over-reaching review of the Ministry of Defence’s byelaw requirements. Across the defence estate the Department has numerous and varied sites ranging from coastal firing ranges to garrisons in urban areas, each with its own set of issues. As a first step the Team have identified those Ministry of Defence sites which had not previously been byelawed, but where byelaws are now deemed necessary. Together with those sites where current byelaws are already in place, they have been prioritised and each in turn made subject to individual review. These site reviews determine the precise individual requirements to be included in the new byelaws to be made for that site. The review therefore is a painstaking and complex exercise, which will take several years to complete.
Byelaws are a form of delegated legislation, used mostly by local authorities and government departments; they cover a defined geographical area, normally regulating certain activities in the interests of safety and security. Presently under the provisions of the Military Lands Act 1892 (s14), the Secretary of State for Defence is empowered to make byelaws to regulate the use of land being used for military purposes. Many of these byelaws date back to the early part of the 20th century and do not reflect subsequent changes within the Department or changes of use within sites. Breach of a byelaw is a criminal offence and as such the enforcement of byelaws is one of a number of tools which the Department can use to help protect its sites. Equally the presence of byelaws can allow public access over areas of the estate that would otherwise be prohibited.
The review is being conducted in accordance with the principles of Open Government; accordingly this site is linked to the main Ministry of Defence Internet Website. In addition to listing all byelaws that have lapsed and those to be reviewed, it advertises Proposed New Byelaws as they are issued, enabling wider public consultation within the process. After being collated and recorded all responses received during the consultation process are also to be included on this website together with the Department's replies. As the review proceeds copies of all new byelaws made by the Secretary of State are added to the site under the Reviewed Byelaws category. The byelaws are also available to download from the UKSI website once made:
http://www.legislation.gov.uk/It is intended that this byelaws website will be maintained in perpetuity enabling free online public access to all Ministry of Defence Byelaws and background material about the review
MOD Byelaws on the website are defined in the following categories:
Lapsed Byelaws
Revoked Byelaws
Byelaws to be Reviewed
Proposed New Byelaws
Reviewed Byelaws
Additional content is added to the site as the review progresses.
Defence Infrastructure Organisation
Byelaws Review Team
PO Box 349
Aldershot
GU11 2WZ