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Commons Act 2006

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This is the original version (as it was originally enacted).

29Constitution

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(1)The appropriate national authority must by regulations prescribe standard terms as to the constitution and administration of commons councils (in this Part, the “standard constitution”).

(2)The terms of the standard constitution apply to every commons council, subject as follows.

(3)An order under section 26 may also make provision as to the constitution and administration of a commons council.

(4)Provision which may be made under subsection (3) includes in particular—

(a)provision supplementary to any term of the standard constitution;

(b)provision disapplying any such term;

(c)provision replacing any such term.

(5)Where in relation to a commons council—

(a)provision is made under subsection (3) that is inconsistent with any term of the standard constitution, and

(b)any such term has not been expressly disapplied under that subsection,

the provision made under subsection (3) prevails, to the extent of the inconsistency, over the term of the standard constitution.

(6)Terms of the standard constitution prescribed by regulations under subsection (1) may be amended by further regulations under that subsection; and this section applies in relation to such terms as amended as it applies in relation to the terms as first prescribed.

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