Publication

There is a general requirement that statutory instruments (and most other forms of delegated legislation) be published, or at least brought to the attention of those affected by them.

Statutory Instruments Act 1946 s.3(2)

In any proceedings against any person for an offence consisting of a contravention of any ... statutory instrument, it shall be a defence to prove that the instrument had not been issued by HMSO at the date of the alleged contravention unless it is proved that at that date reasonable steps had been taken for the purpose of bringing the purport of the instrument to the notice of the public, or of persons likely to be affected by it, or of the person charged.

On the other hand, there is no requirement for the general publication of byelaws, and it can sometimes be difficult to discover their content. Local authorities and other organisations with the power to make byelaws must generally allow members of the public to see them, but until a person knows that a particular byelaw has been made s/he does not know that there is anything to ask about!

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