Commons Act 2006

43 Power to exempt E+W

(1) The appropriate national authority may by order provide that section 38 is not to apply to—

(a) the carrying out by a specified person of specified works on specified land; or

(b) the carrying out by a specified person, or a person of a specified description, of works of a specified description on—

(i) any land; or

(ii) land of a specified description.

(2) The appropriate national authority may only make an order under subsection (1)(a) if it is satisfied that the works specified in the order are necessary or expedient for any of the purposes in subsection (4).

(3) The appropriate national authority may only make an order under subsection (1)(b) if it is satisfied that works of the description specified in the order are likely to be necessary or expedient on any land, or on land of the description specified in the order, for any of the purposes in subsection (4).

(4) The purposes referred to in subsections (2) and (3) are—

(a) use of land by members of the public for the purposes of open-air recreation pursuant to any right of access;

(b) the exercise of rights of common;

(c) nature conservation;

(d) the protection of archaeological remains or features of historic interest;

(e) the use of the land for sporting or recreational purposes.

(5) Where—

(a) any land was at any time before the commencement of this section land to which section 194 of the Law of Property Act 1925 (c. 20) applied, but

(b) at any such time that section ceased to apply to the land by virtue of subsection (3)(a) of that section,

the appropriate national authority may by order provide that section 38 is not to apply to the carrying out of works, or works of a description specified in the order, on that land.

(6) Where any land is the subject of a resolution under section 194(3)(b) of the Law of Property Act 1925 (c. 20) immediately before the commencement of this section, the appropriate national authority may by order provide that section 38 is not to apply to the carrying out of works, or works of a description specified in the order, on that land.

(7) An order under this section may provide that section 38 is not to apply only if the works to which the order relates are carried out in accordance with the terms of the order.

(8) In subsection (1) “specified” means specified in an order under that subsection.

Commencement Information

I1 S. 43 not in force at Royal Assent see s. 56(1); s. 43 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 43 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2

I2 S. 43 in force at 1.4.2012 for W. in so far as not already in force by S.I. 2012/739, art. 3(e)