Farms byelaws

Hunting

Byelaws made by the Leeds City Council under Section 164 of the Public Health Act 1875, Section 15 of the Open Spaces Act 1906, and Section 12 & 15 of the Open Spaces Act 1906 with respect to the grounds listed in the attached Schedule.

Interpretation

(1) In these Byelaws: “the Council” means Leeds City Council. “the ground” means the grounds listed in the Schedule.

Savings

(2) (1) An act necessary to the proper execution of his duty in the ground by an officer of the Council or any act which is necessary to the proper execution of any contract with the Council shall not be an offence under these Byelaws.

(2) Nothing in or done under any of the provisions of these Byelaws shall in any respect prejudice or injuriously affect any public right of way through the ground, or the rights of any person acting legally by virtue of some estate, right or interest in, over or affecting the ground or any part thereof.

Protection of Wildlife

(3) (1) No person shall in the ground intentionally kill, injure, take or disturb any animal or fish, or engage in hunting, shooting or fishing, or the setting of traps or nets, or the laying of snares.

(2) This Byelaw shall not prohibit any fishing which may be authorised by the Council.

Obstruction

(4) No person shall in the ground:

(a) intentionally obstruct any officer of the Council in the proper execution of his duties;

(b) intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the Council; or

(c) intentionally obstruct any other person in the proper use of the ground, or behave so as to give reasonable grounds for annoyance to other persons in the ground.

Penalty

(5) Any person offending against any of these Byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Removal of offenders

(6) Any person offending against any of these Byelaws may be removed from the ground by an officer of the Council or constable.

Schedule

The grounds referred to in Byelaw 1 are as follows: Part 1 Under Section 164 of the Public Health Act 1875:

  • Golden Acre Park, LS16
  • Alwoodley Crags/Scotland Wood, LS16 and 17
  • Meanwood Grove, LS6
  • Land adjoining the Ring Road, Moortown, LS17
  • Roundhay Park, Roundhay, LS8
  • Gipton Wood, Oakwood, LS8
  • Potternewton Park, LS7
  • Area of land at Seacroft, LS14
  • Hawksworth, LS5. Bramley Fall, LS13
  • Kirkstall, LS5
  • Meanwood Valley, LS6 and 7
  • Temple Newsam Park, LS15
  • Middleton Park, Middleton, LS10 and 11
  • Rothwell Park, LS26
  • Castle Hills and Highroyd Woods, Micklefield, LS25
  • Newton Ings, Allerton Bywater, WF10.

Part 2 Under Sections 12 and 15 of the Open Spaces Act 1906:

  • Otley Chevin, Otley, LS21
  • Gledhow, LS8
  • Area of land at Swarcliffe, LS14
  • Barnbow, Manston, LS15
  • Halton Deane, LS15
  • Oulton Park, LS26
  • Town Close Hill, Kippax, LS25
  • Lotherton Park, Lotherton, LS25
  • Coburn Hill, Micklefield, LS25.

Part 3 Under Section 15 of the Open Spaces Act 1906:

  • Gotts Park, Upper Armley, LS12
  • Wykebeck Valley, LS8 and 14.

The common seal of Leeds City Council was hereunto affixed CS in the presence of: Seal No 45559. Paul Rogerson, Chief Legal Officer On the 13th day of July 1993. 

The foregoing Byelaws are hereby confirmed by the Secretary of State and shall come into operation on the sixteenth day of May 1994. 

Signed by authority of the Secretary of State, M E Head, An assistant Under-Secretary of State. 26th April 1994, I hereby certify that this copy of the Byelaws is a true copy as confirmed by the Secretary of State. Signed and Dated, Home Office London SW1.


Straw and stubble burning

Byelaws for the good rule and government of the City of Leeds and for the prevention of nuisances made by the Council of the City in Pursuance of Section 235 of the Local Government Act 1972.

Extent of byelaws

1 These byelaws shall extend to the whole of the district administered by the Leeds City Council.

Restrictions on burning

2 No person shall, on agricultural land, commence to burn any straw or stubble remaining on such land after the harvesting of any cereal crop which has been grown thereon, or cause or permit to commence the burning of such straw or stubble at any time -

(a) during the period beginning one hour before sunset and ending at sunrise; or

(b) on any Saturday, Sunday or bank holiday.

3 No person shall commence to burn or cause or permit to commence the burning of such straw or stubble unless the area in which it is intended to burn such straw or stubble is more than 150 metres from any other area where such straw or stubble is being burned.

4 (1) No person shall commence to burn or cause or permit to commence the burning of any area of such straw or stubble unless that area does not exceed 10 hectares and -

(a) without prejudice to sub-paragraphs (b) and (c) below, is bounded on all sides by a firebreak constructed by removing so far as is reasonably practicable all such straw from a strip of land not less than 5 metres in width and either cultivating or ploughing that strip of land; and

(b) subject to sub-paragraph (c) below, where any part of that area is within 15 metres of any of the following objects, that is to say any hedgerow, tree or telegraph pole, a firebreak is constructed by removing so far as is reasonably practicable, and to a distance of not less than 25 metres from that object, all such straw from a strip of land not less than 15 metres in width between that area and that object and either cultivating that strip or ploughing not less than 5 metres in width of that strip; and

(c) where any part of that area is within 25 metres of any of the objects specified in paragraph (2) below, a firebreak is constructed by removing so far as is reasonably practicable all such straw from a strip of land not less than 25 metres in width between that area and that object and either cultivating that strip or ploughing not less than 5 metres in width of that strip

(2) The objects referred to in paragraphs (1)(c) above are -

(a) any residential building;

(b) any structure having a thatched roof;

(c) any building, structure fixed plant or machinery the greater part of which is constructed of combustible material or glass or both;

(d) any schedule monument the greater part of which is constructed of combustible material;

(e) any stack of hay or straw;

(f) any accumulation of combustible material other than straw removed in the construction of a firebreak;

(g) any standing cereal, oil seed or pulse crop; and

(h) any woodland or nature reserve

(3) Where for the purposes of constructing a firebreak required by this byelaw it is necessary to measure a distance from a tree the distance shall be measured from the trunk of the tree

5 No person shall burn or cause or permit the burning of any area of such straw or stubble unless during the whole time the material is burning the operation is under the supervision of at least two responsible persons present at the burning of that area, of whom one is in charge of the operation and is experienced in the burning of straw or stubble

6 No person shall, without reasonable excuse, burn or cause or permit the burning of any area of such straw or stubble unless during the whole of the time the material is burning the following means for lighting the fire are available at the burning of that area, that is to say -

(a) not less than 500 litres of water in one or more mobile containers together with a means of dispensing the water for fire fighting purposes; and

(b) not less than five implements suitable for use for fire beating purposes.

7 The occupier of the land on which such straw or stubble has been burned shall not, without reasonable excuse, permit any ash or carbonised residues, not incorporated into the soil of the land, to remain for a period of more than 36 hours after the commencement of the burning on any area on which straw or stubble has been burned.

Defence

8 In proceedings against any person for an offence under byelaw 3 or 5 above it shall be a defence for that person to prove that he had taken all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Penalty

9 Any person contravening any of these byelaws shall be liable on summary conviction to a fine not exceeding £2,000.

Interpretation

10 In these byelaws - "combustible material" means material capable of undergoing combustion; "combustion" means combustion by oxidation with the production of heat, usually with incandescence or flame or both; "nature reserve" has the same meaning as in section 15 of the National Parks and Access to the Countryside Act 1949; and "scheduled monument" has the same meaning as in section 1 of the Ancient Monuments and Archaeological Areas Act 1979.

The common seal of Leeds City Council was hereunto affixed on the 8th day of February 1985, G E Mudie, Chairman of the Policy and Resources Committee, J Rawnsley, Director of Administration. 

The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into operation on the 29th day of May 1985. 

Signed by the authority of the Secretary of State M E Head, An Assistant Under-Secretary of State, 10 May 1985, Home Office London SW1.


Land Drainage

Leeds City Council Land Drainage Byelaws Index

  1. Commencement of Byelaws
  2. Application of Byelaws
  3. Control of Sluices etc
  4. Fishing Nets and Angling
  5. Diversion or Stopping up of Watercourses
  6. Detrimental Substances not to be Put into Watercourses
  7. Lighting of Fires
  8. Notice to Cut Vegetable Growths
  9. No obstructions within 9 metres 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. Interference with Sluices
  18. Mooring of Vessels
  19. Unattended Vessels
  20. Removal of Sunken Vessels
  21. Navigation of Vessels
  22. Damage to Property of the Council
  23. Defacement of Notice Boards
  24. Obstruction of the Council and Officers
  25. Saving for Other Bodies
  26. Saving for Crown Lands
  27. Arbitration
  28. Notices
  29. Limitation
  30. lnterpretation

Leeds City Council Land Drainage Byelaws

Leeds City 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 at the expiration of one month beginning with the day on which they are confirmed by the Minister.

2. Application of Byelaws

(a) These Byelaws shall have effect within the area;

(b) The watercourses referred to in Byelaws 4 to 7 and 9 to 21 are watercourses which are for the time being vested in or under the control of the Council.

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 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. Fishing Nets and Angling

No person shall angle or set any nets or engines for the catching or keeping of fish in any watercourse in such a manner as to cause damage to or endanger the stability of the bank of the watercourse or to affect or impede the flow of water. 

ln this Byelaw "nets" includes - a stake net, bag net or keep net:

(a) Any net secured by anchors and any net, or other implement for taking fish, fixed to the soil or made stationary in any other way;

(b) Any net placed or suspended in any inland or tidal waters unattended by the owner or a person duly authorised by the owner to use it for fish, any engine, device, machine or contrivance, whether floating or otherwise, for placing or suspending such a net or maintaining it in working order or making it stationary.

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 to 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 Substance 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 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 Vegetable Growths

Any person having control of any watercourse shall, upon the 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 vegetable 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 Obstruction within 9 Metres 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 9 metres of the landward toe of the bank where there is an embankment or wall or within 9 metres of the top of the batter where there is no embankment or wall, or where the watercourse is enclosed within 9 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 work 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 as 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 soil 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.

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 in or over 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.

Provided that this Byelaw shall not apply to any temporary work executed in an emergency but a person executing any work so expected 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 hereto.

17. lnterference 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.

18. Mooring of Vessels

No person shall moor or place any vessel in any watercourse or to or upon the bank of any watercourse in such manner or by such method as to cause or be likely to cause injury to such bank or in such manner as materially to obstruct or impede the free flow of water in, into or out of any watercourse.

19. Unattended Vessels

No person shall leave any vessel unattended without taking due care to prevent such vessel from materially obstructing or impeding the free flow of water in, into or out of any watercourse or any sluice in any bank.

20. Removal of Sunken Vessels

No person who is the owner of a vessel sunk, stranded, damaged or adrift in a watercourse or, in the case of a sunken vessel which is abandoned, who was the owner immediately before the abandonment shall, after ten days from the day on which the Council serves on him notice in writing that the vessel is causing obstruction, permit the vessel to remain in the watercourse in such a manner as to impede or harmfully divert the flow of water in, into or out of the watercourse.

21. Navigation of Vessels

No person shall navigate any vessels in such a manner or at such a speed as to injure the bank of any watercourse and where the Council have by notice erected at any place limited the speed of vessels passing such place no person shall navigate a vessel at a speed over the bed of a watercourse greater than the speed so limited. Provided that the Council shall not exercise their powers under this Byelaw so as to limit the speed of:-

(a) vessels in any tidal waters except after consultation with the Department of the Environment Transport and the Regions; or

(b) vessels navigating waterways of the British Waterways Board for which speed limits are prescribed by the Byelaws of such Board.

22. 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.

23. Defacement of Notice Boards

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

24. 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.

25. Saving 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 cbnservancy 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 1 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 maintained 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 subsidiary thereof;

(xi) the British Watenruays Board;

(xii) the Coal Authority;

(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 local 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 othenryise than under or by reason of these Byelaws.

26. Saving for Grown Lands

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.

27. Arbitration

(a) Where by or under Byelaws 3, 8, 10, 11, 12 or 16 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 Minister 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 lnstitution of Civil Engineers on the application of either party. Where such a counternotice 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 disputesubsequently 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 Minister 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 lnstitution of Civil Engineers on the application of either party;

(c) Where by or under Byelaws 5, 9, 15 or 16 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 cases 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 Minister 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 lnstitution of Civil Engineers on the application of either party.

28. Notices

Notices and any other documents required or authorised to be served or given under or by virtue of these Byelaws shall be served or given in the manner prescribed by section 71 of the Act.

29. 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) lf any conflict arises between these Byelaws and

(i) the Land Drainage Act 1994 (which relates to the Council's duties with respect to the environment), or

(ii) the Conservation (Natural Habitats, etc) Regulations 1994 (a) the said Act and the said Regulations shall prevail

(a) Sl 199412716

30. lnterpretation

ln 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;

"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 ban, 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 Leeds City Council;

"Area" means the area under the jurisdiction of the Council;

"The Minister" means the Minister of Agriculture, Fisheries and Food;

"Occupier" means in the case of land not occupied by any tenant or other person the person entitled to the occupation thereof;

"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 Railway 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 PLC.

(b) a station whích 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.

"Vessel" includes any ship, hovercraft (as defined by the Hovercraft Act 1968), lighter, keel, barge, tug, launch, houseboat, pleasure or other boat, aircraft, randan, wherry, skiff, dinghy, shallop, punt, yacht, canoe, raft, float of timber or any other craft whatsoever, and howsoever worked, navigated or propelled;

and other expressions shall have the same meanings as in the Act.

THE COMMON SEAL of LEEDS CITY COUNCIL was hereunder affixed on the 12th day of October 2001 in the presence of:

N Jackson

Chief Legal Officer

Seal: 66409

PENALTY NOTE

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 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.

(N.B. This note is not part of the Byelaws)

LEEDS CITY COUNCIL LAND DRAINAGE BYELAWS

The Minister of Agriculture, Fisheries and Food, 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.

J. R. PARK

J R PARK

Grade 5

Dated: 11 January 2002

I hereby certify this

to be a true copy

J R Park

Grade 5

Department for Environment, Food and Rural Affairs