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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)The appropriate national authority may, for any area or areas of land to which this section applies, establish a body corporate to carry out functions conferred under this Part.
(2)This section applies to any land that—
(a)is registered as common land; or
(b)is registered as a town or village green and is subject to rights of common.
(3)A body corporate established under this section is to be known as a “commons council”.
(4)A commons council is to be established by order.
(5)An order establishing a commons council must specify—
(a)the name of the council;
(b)the area or areas of land for which the council is established.
(1)This section applies where the appropriate national authority proposes to make an order under section 26 establishing a commons council.
(2)The appropriate national authority must—
(a)publish a draft of the proposed order in such manner as it thinks fit; and
(b)invite representations about it.
(3)The appropriate national authority may cause a local inquiry to be held.
(4)The appropriate national authority may not make the proposed order unless, having regard to—
(a)any representations received pursuant to subsection (2)(b), and
(b)the result of any local inquiry held under subsection (3),
it is satisfied that there is substantial support for the making of the order.
(5)For the purposes of subsection (4) the appropriate national authority must have particular regard to representations received pursuant to subsection (2)(b) from—
(a)persons having rights (other than rights of common) in relation to, or occupying, land specified in the draft order;
(b)persons who are entitled to exercise rights of common (and in particular persons exercising rights of common) over any such land; and
(c)persons with functions under an enactment which relate to the maintenance or management of any such land.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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