Commons Act 2006 (c. 26)

Part 2 E+W Management

Modifications etc. (not altering text)

C1 Pt. 2 modified (temp.) by SI 2010/61 art. 3(2)(a) (as added (E.) (1.12.2010) by The Commons Act 2006 (Commencement No. 1 and Savings (England and Wales) and Commencement No. 5 (England) (Amendment)) Order 2010 (S.I. 2010/2356), art. 2(1)(2) (with art. 4))

Commons councils E+W

26 Establishment E+W

(1) The appropriate national authority may, for any area or areas of land to which this section applies, establish a body corporate to carry out functions conferred under this Part.

(2) This section applies to any land that—

(a) is registered as common land; or

(b) is registered as a town or village green and is subject to rights of common.

(3) A body corporate established under this section is to be known as a “commons council”.

(4) A commons council is to be established by order.

(5) An order establishing a commons council must specify—

(a) the name of the council;

(b) the area or areas of land for which the council is established.

Commencement Information

I1 S. 26 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)

27 Procedure for establishment E+W

(1) This section applies where the appropriate national authority proposes to make an order under section 26 establishing a commons council.

(2) The appropriate national authority must—

(a) publish a draft of the proposed order in such manner as it thinks fit; and

(b) invite representations about it.

(3) The appropriate national authority may cause a local inquiry to be held.

(4) The appropriate national authority may not make the proposed order unless, having regard to—

(a) any representations received pursuant to subsection (2)(b), and

(b) the result of any local inquiry held under subsection (3),

it is satisfied that there is substantial support for the making of the order.

(5) For the purposes of subsection (4) the appropriate national authority must have particular regard to representations received pursuant to subsection (2)(b) from—

(a) persons having rights (other than rights of common) in relation to, or occupying, land specified in the draft order;

(b) persons who are entitled to exercise rights of common (and in particular persons exercising rights of common) over any such land; and

(c) persons with functions under an enactment which relate to the maintenance or management of any such land.

Commencement Information

I2 S. 27 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)