Commons Act 2006

44 Supplementary E+W

(1) Schedule 4 (which makes supplementary provision relating to works on common land) has effect.

(2) A national authority may for any purpose specified in subsection (3) by order amend—

(a) any local or personal Act passed before this Act which contains provision for that authority to consent to works on land which is common land; and

(b) any Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners which contains provision for that authority to consent to works on land to which the Act applies.

(3) The purposes referred to in subsection (2) are—

(a) that of securing that sections 39 and 40 apply to an application for the consent referred to in paragraph (a) or (b) of subsection (2) as they apply to an application for consent under section 38(1);

(b) that of securing that section 41 applies in relation to the carrying out of works in contravention of the provision referred to in paragraph (a) or (b) of subsection (2) as it applies to works carried out in contravention of section 38(1).

(4) In subsection (2)—

• “national authority” means—

  (a)

  the Secretary of State; and

  (b)

  the National Assembly for Wales;

• “common land” means—

  (a)

  any land registered as common land; and

  (b)

  any land not so registered which is subject to a scheme under the Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30).

Commencement Information

I1 S. 44 not in force at Royal Assent, see s. 56(1); s. 44(1) in force for certain purposes for E. at 1.10.2006 by S.I. 2006/2504, art. 2(f); s. 44 in force for certain purposes for W. at 12.8.2007 and 6.9.2007 by S.I. 2007/2386, arts. 2, 3; s. 44(2)-(4) in force for E. and s. 44(1) in force in so far as not already in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)

I2 S. 44 in force at 1.4.2012 for W. in so far as not already in force by S.I. 2012/739, art. 3(f) (with art. 4(1)(5))