- Latest available (Revised)
- Original (As enacted)
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:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Commons Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
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.
(1)This section applies where—
(a)land is registered as common land or a town or village green;
(b)no person is registered in the register of title as the owner of the land; and
(c)it appears to a local authority in whose area the land or any part of it is situated that the owner cannot be identified.
(2)The local authority may—
(a)take any steps to protect the land against unlawful interference that could be taken by an owner in possession of the land; and
(b)institute proceedings against any person for any offence committed in respect of the land (but without prejudice to any power exercisable apart from this section).
(3)In this section “ ” means—
(a)a county, district or parish council in England;
(b)a London borough council; and
(c)a county, county borough or community council in Wales.
(1)This section applies where it appears to the appropriate national authority that—
(a)a person is carrying out, or causing to be carried out by virtue of any arrangements, an agricultural activity on land which—
(i)is registered as common land; or
(ii)is registered as a town or village green and is subject to rights of common;
(b)the activity is unauthorised; and
(c)the activity is detrimental to—
(i)the interests of persons having rights in relation to, or occupying, the land; or
(ii)the public interest.
(2)The appropriate national authority may, subject to the following provisions of this section, serve a notice on the person requiring him to do any one or more of the following—
(a)within such reasonable period as may be specified in the notice to stop carrying out the activity, or stop causing it to be carried out, to the extent that it is unauthorised;
(b)not to carry out, or cause to be carried out, any other unauthorised agricultural activity on the land which would be detrimental to the matters specified in subsection (1)(c)(i) and (ii);
(c)to supply the authority with such information relating to agricultural activities on the land carried out, or caused to be carried out, by him as it may reasonably require.
(3)Before serving a notice under this section the appropriate national authority must, to the extent that it is appropriate and practicable in all the circumstances to do so—
(a)notify the persons specified in subsection (4) of its intention to serve the notice; and
(b)publicise its intention to do so (in such manner as it thinks fit).
(4)The persons referred to in subsection (3)(a) are—
(a)any commons council for the land;
(b)any other person with functions under any enactment which relate to the maintenance or management of the land; and
(c)any person appearing to the authority to own or occupy the land.
(5)Any notification or publication under subsection (3) may specify a period within which representations about the proposed notice may be made.
(6)In deciding whether to serve a notice under this section the appropriate national authority must have regard to—
(a)any criminal or civil proceedings that have been or may be commenced in relation to the activity; and
(b)any steps taken by a commons council in relation to the activity.
(7)If a person on whom a notice is served under this section fails to comply with it—
(a)the appropriate national authority may apply to a county court for an order requiring him to do so; and
(b)the court may make such an order for the purpose of securing compliance with the notice as it thinks fit.
(8)For the purposes of this section, activity is unauthorised if the person carrying it out or causing it to be carried out—
(a)has no right or entitlement by virtue of his ownership or occupation of the land, or pursuant to any right of common, to do so; or
(b)is not doing so with the authority of the person or persons entitled to give such authority.
(9)The reference in subsection (1)(c)(ii) to the public interest includes the public interest in—
(b)the conservation of the landscape;
(c)the protection of public rights of access to any area of land; and
(d)the protection of archaeological remains and features of historic interest.
(10)Section 123(1) to (5) of the Environment Act 1995 (c. 25) applies in relation to the service of a notice under this section as it applies in relation to the service of a notice under that Act.
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.
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.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Click 'View More' or select 'More Resources' tab for additional information including: