Commons Act 2006

Commons councils: supplementary

36 Consequential provision

(1) The appropriate national authority may by order under section 26 make any provision specified in subsection (2) if it appears to the authority desirable to do so in consequence of functions conferred on a commons council in relation to any land.

(2) The provision referred to in subsection (1) is provision to—

(a) vary or abolish the jurisdiction so far as relating to the land of any court of a description referred to in Part 1 of Schedule 4 to the Administration of Justice Act 1977 (c. 38) (certain ancient courts);

(b) vary or revoke any regulations or arrangement made under the Commons Act 1908 (c. 44);

(c) vary or revoke any scheme made under the Commons Act 1899 (c. 30), or any arrangement arising under such a scheme;

(d) vary or revoke any Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners or any arrangement arising under such an Act;

(e) vary or revoke any local or personal Act, or any scheme or arrangement under such an Act, which relates to the management or maintenance of, or the exercise of rights of common over, the land.

(3) The appropriate national authority may not under subsection (1) make provision specified in subsection (2)(c) to (e) to the extent that to do so would have the effect of abolishing or restricting a right of access of whatever nature exercisable by members of the public generally or by any section of the public.

37 Variation and revocation of establishment orders

(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).