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Local Byelaws

In rare cases local byelaws may exist which can, if enforced, prohibit naturism

In most cases these byelaws date from early in the last century and were enacted to deal with various examples of what were then regarded as "nuisances". They often appear anachronistic by modern standards.

For example, enforcement action was taken against naturists by Folkestone council's "Crime Reduction Officer" in response to a complaint from a local resident. The officer visited the beach in question and told people to dress, otherwise they risked arrest under byelaws relating to 'Bathing' and 'Nuisances Contrary To Public Decency'.

The byelaw cited was granted in 1935 to the 'Borough of Folkestone' (which no longer exists) "For the good rule and government of the Borough and for the prevention of nuisances". It provides that:

13.
  • (a) No person above 10 years of age shall between the hours of 9am and 8pm undress or dress on any part of the sea free-sun within the borough west of Folkestone Harbour except in a cabin, hut, tent or the free bathing screen: Provided that this Byelaw shall not apply between the hours of 6.30 pm and 8 pm to that portion of the free-sun between the Victoria Pier and a point 160 yards west thereof (indicated by a notice erected on the beach).
  • (b) All persons above 10 years of age who shall bathe on or from any part of the sea free-sun within the Borough west of Folkestone Harbour shall whilst bathing an whilst passing to and from the sea wear a dress or covering suitable and sufficient effectually to prevent indecent exposure of the person.
  • (c) No female person shall bathe from the free bathing screen provided or to be provided.

Although it may seem laughable, antiquated rules such as this may, sometimes, be wheeled out to attack naturists. It should be noted that such byelaws apply only to council controlled land and are usually limited to specific geographical areas - a specific beach, rather than all beaches in the area.

Byelaws relating to nudity or nude bathing frequently refer to "indecent" behaviour- this term is not well defined in law and is, therefore, open to interpretation by magistrates and others.

Byelaws must be authorised by central government and none have been granted anywhere in recent years.

Please Note:
The information given on this page is intended only as a general guide to the the legal position . It was not written by a legally-qualified individual.
It should not be relied upon as a definitive guide to the law , and is only applicable to England and Wales. The law in Scotland and Northern Ireland may be different.
Neither the author nor the publishers of this FactFile can be held responsible should naturism or nudity cause you to be arrested and / or prosecuted for any offence.