Search Legislation

Commons Act 2006

Status:

This is the original version (as it was originally enacted).

Commons councils

26Establishment

(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.

27Procedure for establishment

(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources