27Procedure for establishmentE+W
(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.
Commencement Information
I1S. 27 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)