Commons Act 2006

40 Consent: procedure E+W

(1) Regulations may make provision as to the procedure to be followed in the making and determination of applications under sections 38(1) and 39(5).

(2) Regulations under this section may in particular include provision—

(a) as to the steps to be taken by an applicant before submitting an application;

(b) as to the form and content of an application;

(c) as to the procedure to be followed in making an application;

(d) as to the evidence to be supplied in support of an application;

(e) as to the fees payable in relation to an application;

(f) as to the steps to be taken by the appropriate national authority upon receipt of an application;

(g) for the appointment by the appropriate national authority of a person to discharge any (or all) of its functions in relation to the determination of an application;

(h) for the making of representations or objections in relation to an application;

(i) for the holding of a hearing or local inquiry in relation to an application;

(j) for the publication of a determination of an application and the notification of interested persons.

Modifications etc. (not altering text)

C1 S. 40 applied by 1967 c. xxix, Sch. art. 12(2A) (as inserted (1.10.2007 for E., 1.4.2012 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 4 para. 2(3) (with s. 60); S.I. 2007/2584, art. 2(d)(i); S.I. 2012/739, art. 2(h)(i))

C2 S. 40 applied by 1967 c. xxix, Sch. art. 17(2A) (as inserted (1.10.2007 for E., 1.4.2012 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 4 para. 2(6) (with s. 60); S.I. 2007/2584, art. 2(d)(i); S.I. 2012/739, art. 2(h)(i))

C3 S. 40 applied by 1971 c. vi s. 23(2A) (as inserted (1.10.2007 for E., 1.4.2012 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 4 para. 4(3) (with s. 60); S.I. 2007/2584, art. 2(d)(i); S.I. 2012/739, art. 2(h)(i) (with art. 4(5)))

C4 S. 40 applied (1.3.2019) by Church Property Measure 2018 (No. 8), ss. 30(3), 53(2); S.I. 2019/97, art. 2

Commencement Information

I1 S. 40 not in force at Royal Assent see s. 56(1); s. 40 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 40 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2

I2 S. 40 in force at 1.4.2012 for W. in so far as not already in force by S.I. 2012/739, art. 3(c)