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The Commons Act 2006 (Commencement No. 6) (England) Order 2011

S.I. 2011/2460 · Made 10 October 2011 · Extends to England and Wales

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Commons, England

Made 10th October 2011

The Secretary of State, in exercise of the powers conferred by sections 56(1) and 59(1) of the Commons Act 2006f1, makes the following Order.

Annotations to the whole text

Footnotes

f1

2006 c. 26; section 61(1) defines the “appropriate national authority” as the Secretary of State in relation to England.

Contents

  1. 1Citation, interpretation and application
  2. 2Commencement of provisions
  3. 3Transitional provision
  4. Signature
  5. Explanatory note

1Citation, interpretation and application

(1)

This Order may be cited as the Commons Act 2006 (Commencement No. 6) (England) Order 2011.

(2)

In this Order “the pilot areas” means the registration areas in England, as at 1st October 2008, of the commons registration authorities specified in the Schedule to the Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008f1.

(3)

This Order applies in relation to England.

2Commencement of provisions

The following provisions of the Commons Act 2006 come into force on 31st October 2011—

(a)

in Schedule 5 (minor and consequential amendments) —

(i)

the entries in paragraphs 1, 2 and 5; and

(ii)

in relation to the pilot areas, the entries in paragraphs 3, 6(b), 7(2) to (4) (and 7(1) in so far as it relates to paragraph 7(2) to (4)), and 8; and

(b)

section 52 in so far as it relates to those entries.

3Transitional provision

(1)

Paragraph (2) applies in relation to any relevant land before the commencement of section 1 of the Commons Act 2006 in respect of the land in question.

(2)

In the provisions mentioned in paragraph (3), as they apply in relation to such land, the references to a register kept under Part 1 are to be read as referring to the appropriate register maintained under section 3(1) of the Commons Registration Act 1965f1.

(3)

The provisions referred to in paragraph (2) are —

(a)

the definitions of “common land” in —

(i)

section 9(6) of the Countryside Act 1968f2;

(ii)

section 11 of the Animals Act 1971f3; and

(iii)

section 61(9) of the Criminal Justice and Public Order Act 1994f4; and

(b)

the definition of “town or village green” in section 11 of the Animals Act 1971.

(4)

In this article —

(a)

“Part 1” means Part 1 of the Commons Act 2006; and

(b)

“relevant land” means land in England to which Part 1 appliesf5.

Signature

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

10th October 2011

Explanatory note

(This note is not part of the Order)

This Order brings into force on 31st October 2011—

(a)

in relation to England, the amendments made by paragraphs 1, 2 and 5 of Schedule 5 to the Commons Act 2006 (c. 26);

(b)

in relation to the pilot areas (as specified in the Schedule to S.I. 2008/1960) only, the amendments made by paragraphs 3, 6(b), 7(2) to (4), and 8 of Schedule 5.