Commons Act 2006

Metropolitan commons

2 (1) The Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) is amended as follows.

(2) In article 12 (restriction on powers in relation to commons), in paragraph (1) omit “(which consent the Minister may give in such cases as he thinks fit)”.

(3) In that article, after paragraph (2) insert—

“(2A) Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under paragraph (1) as they apply in relation to an application for consent under section 38(1) of that Act.

(2B) Section 41 of that Act applies in relation to the carrying out of works in contravention of paragraph (1) as it applies to works carried out in contravention of section 38(1) of that Act (and as if references to consent under that provision were to consent under paragraph (1)).”

(4) Omit paragraph (3) of that article.

(5) In article 17 (street improvement), in paragraph (1), after “enactment” insert “or in any scheme made under, or confirmed by, any enactment”.

(6) In that article—

(a) in paragraph (2), omit the words from “and the Minister” to the end;

(b) after that paragraph insert—

“(2A) Where an application is made for consent under paragraph (2) in the case of any common, section 40 of the Commons Act 2006 applies in relation to the application as it applies in relation to an application for consent under section 38(1) of that Act.

(2B) Where an application is made for consent under paragraph (2) in any other case, the Minister before giving any consent shall have regard to any representations made to him in the manner specified in paragraph (3).”;

(c) in paragraph (3), after “paragraph (2)” insert “in a case to which paragraph (2B) applies”.