Environment Act 1995

Common land etc. E+W

1 (1) The enactments specified in sub-paragraph (2) below shall have effect in relation to any registered common which— E+W

(a) is within any National Park for which a National Park authority is the local planning authority, and

(b) is not owned by, or vested in, any other body which is a local authority,

as if the National Park authority were a local authority for the purposes of those enactments and as if the relevant Park were that authority’s area.

(2) The enactments mentioned in sub-paragraph (1) above are—

(a) section 1 of the M1 Commons Act 1899 (scheme for regulation);

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 23 of and Schedule 2 to the M2 Caravan Sites and Control of Development Act 1960 (power of district council to prohibit caravans on commons) [F2 or section 57 of and Schedule 3 to the Mobile Homes (Wales) Act 2013 (power of local authority in Wales to prohibit caravans on commons)] ; and

(d) [F3 section 45 of the Commons Act 2006] (protection of unclaimed common land).

(3) In the M3 Commons Act 1899 references to the council by which a scheme is made under section 1 of that Act shall be construed accordingly; and the powers conferred by sections 7 and 12 of that Act (acquisition of land and contributions to expenses) shall be exercisable by a National Park authority in relation to the relevant Park as they are exercisable by a district council in relation to their district.

(4) A National Park authority shall have the same power to make an application under section 18 of the M4 Commons Act 1899 (modification of provisions for recreation grounds) as a local authority.

(5) References in this paragraph, in relation to an enactment specified in sub-paragraph (2) above or to any enactment contained in section 18 of the Commons Act 1899, to a local authority are references to any such local authority, within the M5 meaning of the 1972 Act, as has functions conferred on it by or by virtue of that enactment.

(6) In this paragraph “registered common” means any land registered as common land or as a town or village green under [F4 Part 1 of the Commons Act 2006].

Textual Amendments

F1 Sch. 9 para. 1(2)(b) repealed (1.10.2007 for E.) by Commons Act 2006 (c. 26), s. 56, Sch. 6 Pt. 2 (with s. 60); S.I. 2007/2584, art. 2(d)(ii)

F2 Words in Sch. 9 para. 1(2)(c) inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 8(2) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

F3 Words in Sch. 9 para. 1(2)(d) substituted (20.2.2007 for E., 6.9.2007 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 6(a) (with s. 60); S.I. 2007/456, art. 2(a)(ii); S.I. 2007/2386, art. 3(o)(ii)

F4 Words in Sch. 9 para. 1(6) substituted (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 6(b) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

Marginal Citations

M1 1899 c. 30.

M2 1960 c. 62.

M3 1899 c. 30.

M4 1899 c. 30.

M5 1899 c. 30.