# The Commons Act 2006 (Commencement No. 5) (England) Order 2010

S.I. 2010/61 · made 12 January 2010 · revised to 1 December 2010

This Order brings sections 26 to 37 of the Commons Act 2006 into force in relation to England on 20th January 2010. Those sections comprise Part 2 of the Act, and allow for the management of registered common land, or of a registered town or village green that is subject to rights of common, by a commons council.

Made under: Commons Act 2006 (Section 56)

PDFs: Printed copy https://openlegislation.uk/commons-act-2006-commencement-no-5-england-order-2010/pdf/uksi_20100061_en.pdf

## Introductory text

Commons, England
Made 12th January 2010
The Secretary of State, in exercise of the powers conferred by section 56(1) of the Commons Act 2006, makes the following Order.

## 1 Citation and application

This Order—
(a) may be cited as the Commons Act 2006 (Commencement No. 5) (England) Order 2010, and
(b) applies in relation to England.

## 2 Commencement of provisions

Sections 26 to 37 (management) of the Commons Act 2006 come into force on 20th January 2010.

## 3 Extension of application of sections 26 to 37

(1) This article applies to any area in England in relation to which—
(a) section 1 of the Commons Act 2006 (“the Act”) is not yet in force, and
(b) the application of sections 26 to 37 (“Part 2”) of the Act depends on the coming into force of section 1 in relation to that area.
(2) Until the coming into force of section 1 of the Act in relation to any area in England to which this article applies—
(a) Part 2 of the Act and any order made under Part 2 are to apply in relation to that area as if, in section 61(2)(b) of the Act, for the words “Part 1 of this Act” there were substituted “sections 1 and 3 of the Commons Registration Act 1965”, and
(b) any regulations made under section 29 or 30 of the Act are to apply in relation to commons councils established under Part 2 by virtue of this Order.

## Signature

Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th January 2010

## Explanatory note

(This note is not part of the Order)
This Order brings sections 26 to 37 of the Commons Act 2006 into force in relation to England on 20th January 2010. Those sections comprise Part 2 of the Act, and allow for the management of registered common land, or of a registered town or village green that is subject to rights of common, by a commons council.
The sections being commenced provide for the establishment of commons councils, their status and constitution, and their functions, together with supplementary provisions.
Further information on the effect of these provisions may be found in the Explanatory Notes to the Act.

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Source: https://www.legislation.gov.uk/uksi/2010/61 (the official version)
Page: https://openlegislation.uk/commons-act-2006-commencement-no-5-england-order-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.