- Latest available (Revised)
- Original (As enacted)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)An order under section 26 is to confer on a commons council functions relating to any one or more of the following—
(a)the management of agricultural activities on the land for which the council is established;
(b)the management of vegetation on the land;
(c)the management of rights of common on the land.
(2)The functions conferred on a commons council under subsection (1) must be those the appropriate national authority considers appropriate in the case of that council.
(3)The functions which may be conferred on a commons council under subsection (1) include in particular functions of—
(a)making rules relating to agricultural activities, the management of vegetation and the exercise of rights of common on the land for which the council is established;
(b)making rules relating to the leasing or licensing of rights of common;
(c)preparing and maintaining a register of grazing;
(d)establishing and maintaining boundaries;
(e)removing unlawful boundaries and other encroachments;
(f)removing animals unlawfully permitted to graze.
(4)Rules made by virtue of subsection (3)(a) may have the effect of—
(a)limiting or imposing conditions on the exercise of rights of common over, or the exercise of rights to use the surplus of, the land for which the council is established;
(b)requiring the provision of information to the commons council in relation to the exercise of those rights.
(5)In exercising a function conferred under subsection (3)(f), a commons council may—
(a)dispose of any animal it removes; and
(b)recover from the owner of the animal the costs that it may reasonably incur in removing and disposing of it.
(6)A commons council must discharge its functions having regard to—
(a)any guidance given by the appropriate national authority; and
(b)the public interest in relation to the land for which it is established.
(7)The reference in subsection (6)(b) 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.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: