By-Law Disclosure Demand (LGA 2001 Pt. 19)
Part 19 (ss.199-204) of the Local Government Act 2001 requires a parking by-law to be made by elected council resolution after a 30-day public notice in a local newspaper, with copies for inspection. Demanding the certified by-law and supporting documents forces production; if procedurally defective, the entire parking scheme at that location collapses.
Legal basis
Local Government Act 2001 ss.199-204; principles of administrative law (ultra vires).
How to identify this in your case
Always demand certified by-law plus council resolution, newspaper notice, consultation responses. Common defects: amendment by management order rather than resolution; consultation period < 30 days; newspaper notice not in paper circulating in area; by-law unsigned.
Sample appeal wording
To: [Local Authority - Director of Services Roads/Transport] Re: FCN [NUMBER] / Parking restriction at [LOCATION] Under s.200(11) Local Government Act 2001 and the Freedom of Information Act 2014, I request certified copies of: 1. The by-law authorising the parking restriction at [LOCATION]. 2. The resolution of the elected members making the by-law (date, attendance, voting record). 3. The notice of intention published under s.200(2) (newspaper, date, area of circulation). 4. The 30-day consultation responses (anonymised). 5. The signed and sealed by-law document. 6. Subsequent amendment or revocation orders. 7. The traffic sign authorising the restriction (RUS reference). If the by-law was not validly made, or if signage does not correspond to a valid by-law, the FCN is unenforceable. Pending production, I dispute the FCN and direct that no enforcement be taken. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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