Part 2Management
Functions of commons councils
I1I231Functions
1
An order under section 26 is to confer on a commons council functions relating to any one or more of the following—
a
the management of agricultural activities on the land for which the council is established;
b
the management of vegetation on the land;
c
the management of rights of common on the land.
2
The functions conferred on a commons council under subsection (1) must be those the appropriate national authority considers appropriate in the case of that council.
3
The functions which may be conferred on a commons council under subsection (1) include in particular functions of—
a
making rules relating to agricultural activities, the management of vegetation and the exercise of rights of common on the land for which the council is established;
b
making rules relating to the leasing or licensing of rights of common;
c
preparing and maintaining a register of grazing;
d
establishing and maintaining boundaries;
e
removing unlawful boundaries and other encroachments;
f
removing animals unlawfully permitted to graze.
4
Rules made by virtue of subsection (3)(a) may have the effect of—
a
limiting or imposing conditions on the exercise of rights of common over, or the exercise of rights to use the surplus of, the land for which the council is established;
b
requiring the provision of information to the commons council in relation to the exercise of those rights.
5
In exercising a function conferred under subsection (3)(f), a commons council may—
a
dispose of any animal it removes; and
b
recover from the owner of the animal the costs that it may reasonably incur in removing and disposing of it.
6
A commons council must discharge its functions having regard to—
a
any guidance given by the appropriate national authority; and
b
the public interest in relation to the land for which it is established.
7
The reference in subsection (6)(b) to the public interest includes the public interest in—
a
nature conservation;
b
the conservation of the landscape;
c
the protection of public rights of access to any area of land; and
d
the protection of archaeological remains and features of historic interest.