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Norfolk and Suffolk Broads Act 1988
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Changes over time for: Paragraph 38
Changes to legislation:
Norfolk and Suffolk Broads Act 1988, Paragraph 38 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 3 Paragraph 38:
- s. 9(8A) inserted by 2008 c. 29 s. 224(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9(8A) inserted by 2008 c. 29 s. 224(2)(b)
38(1)In relation to any registered common within the Broads which is not owned by, or vested in, a local authority and which is not a staithe, the Authority shall be treated as a local authority for the purposes of the following enactments—E+W
(a)section 1 of the M1Commons Act 1899 (scheme for regulation);
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)section 23 of the M2Caravan Sites and Control of Development Act 1960 (power of district council to prohibit caravans on commons); and
(d)[F2 section 45 of the Commons Act 2006 ] (protection of unclaimed common land).
(2)No local authority shall exercise any of its functions under the enactments mentioned in sub-paragraph (1) above, in relation to any staithe which is within the Broads and which is registered as a common, except jointly with the Authority or with the Authority’s consent.
Textual Amendments
F1Sch. 3 para. 38(1)(b) repealed (1.10.2007 for E., 1.4.2012 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 6 Pt. 2 (with s. 60); S.I. 2007/2584, art. 2(d)(ii); S.I. 2012/739, art. 2(h)
F2Words in Sch. 3 para. 38(1)(d) substituted (20.2.2007 for E., 6.9.2007 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 4 (with s. 60); S.I. 2007/456, art. 2(a)(i); S.I. 2007/2386, art. 3(o)(i)
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