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

S.I. 2010/61 · Made 12 January 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 December 2010.

Commons, England

Made 12th January 2010

The Secretary of State, in exercise of the powers conferred by section 56(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 and application
  2. 2Commencement of provisions
  3. 3Extension of application of sections 26 to 37
  4. Signature
  5. Explanatory note

1Citation and applicationI1

This Order—

(a)

may be cited as the Commons Act 2006 (Commencement No. 5) (England) Order 2010, and

(b)

applies in relation to England.

2Commencement of provisionsI1

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

3Extension of application of sections 26 to 37F1

(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.