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Changes over time for: Section 42
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 01/04/2012
Status:
Point in time view as at 01/10/2008. This version of this provision has been superseded.
Status
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Changes to legislation:
There are currently no known outstanding effects for the Commons Act 2006, Section 42.
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42SchemesE+W
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adran has no associated
Nodiadau Esboniadol
(1)This section applies in relation to works on relevant land where, by virtue of section 38(1), the works may not be carried out without the consent of the appropriate national authority.
(2)In subsection (1) “relevant land” means land which is subject to—
(a)a scheme under the Metropolitan Commons Act 1866 (c. 122) which is in force at the commencement of this section; or
(b)a scheme under the Commons Act 1899 (c. 30) which is in force at the commencement of this section.
(3)Where—
(a)any provision of the scheme referred to in subsection (2) would also prohibit the carrying out of the works, and
(b)the scheme does not allow for any person to consent to the works to be carried out,
the works do not contravene that provision if they are carried out with (and in accordance with the terms of) the consent of the appropriate national authority under section 38(1) and of any owner of the land (if not the person carrying out the works).
(4)Regulations may make provision as to the procedure to be followed in obtaining the consent of an owner under subsection (3) (and may include provision for the consent of an owner to be regarded as having been given where he has not objected within a period of time specified in the regulations).
(5)Where any provision of the scheme referred to in subsection (2) would also prohibit the carrying out of the works without the consent of the appropriate national authority—
(a)consent given under section 38(1) is to be regarded as consent given under the scheme; and
(b)consent may not be sought separately under the scheme.
Yn ôl i’r brig