This section is from the book "The Principles And Practice Of Modern House-Construction", by G. Lister Sutcliffe. Also available from Amazon: How Your House Works: A Visual Guide to Understanding & Maintaining Your Home.
(29.) Distinction between By-laws and Regulations. A large portion of the routine of sanitary administration is enforced by means of "by-laws" and "regulations"; both are local rules made under statutory powers to carry out the details of the law or law The essential difference between a regulation and a by-law is mainly in form.
By-laws can only come into force by adopting the exact formal procedure of the particular statute conferring the power of making the by-law, and they must receive the sanction of some higher authority, such, for example, as the Local Government Board. Regulations, on the other hand, do not as a rule require any special formalities, and only a few have to receive the sanction of a higher authority.
(30.) By-laws which "may" or "must" be made by Local Authorities. Bylaws must be made by every Local Authority as to common lodging-houses (Public Health Act, § 80), and if Part III. of the Housing of the Working Classes Act has been adopted, Local Authorities must make by-laws as to the management, etc, of the lodging-houses under that Act
Both Rural and Urban Local Authorities may make by-laws as to (a) cleansing of footways, (b) removal of house-refuse, (c) cleansing of earth-privies, ash-pits, and cesspools (Public Health Act, 1875. § 44), (d) tenement-houses, (e) management of mortuaries (Public Health Act, 1875, § 141). (f) the decent lodging of hop-pickers, fruit and vegetable pickers (Public Health Act, 1875, § 314, and Fruit-Pickers' Lodging Act, 1882).
Urban Local Authorities must make by-laws with respect to slaughter-houses provided by the Authority (Public Health Act, 1875. § 169).
An Urban Authority may make by-laws with respect to nuisances arising from snow, filth, dust, ashes, and rubbish (Public Health Act, 1875, § 44), the prevention of the keeping of animals so as to be a nuisance (ibid., § 44), offensive trades (ibid., § 113), and various matters relating to streets, buildings, chimneys, drainage of buildings, and the closing of buildings or parts of buildings unfit for human habitation (ibid., § 157).
A number of other matters relating to local government can also be regulated in Urban Districts by by-laws (see Public Health Amendment A 1890; Public Health Act, 1875, §§ 164 and 197; Towns Police Clauses Act, 1847; Baths and Wash-houses Acts, 1864, 1878; Ac).