Section 37 Variation and revocation of establishment ordersI1

(1)

The appropriate national authority may by order under section 26 revoke a previous order under that section establishing a commons council only if it is satisfied that—

(a)

the council has ceased to operate;

(b)

the council is failing to discharge its functions in an effective manner; or

(c)

the council is, in discharging its functions, failing to have sufficient regard to the public interest as required by section 31.

(2)

An order under section 26 revoking a previous order under that section may include—

(a)

provision for the transfer of rights, property and liabilities of the commons council;

(b)

provision amending any enactment previously amended under section 36 in relation to the council.

(3)

Section 27 applies to an order under section 26 varying or revoking a previous order under that section as it applies to an order under that section establishing a commons council (but as if the references in section 27 to land specified in the order were to land affected by the variation or revocation).

Annotations

Commencement

I1: S. 37 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)