Part 2 E+WManagement

Modifications etc. (not altering text)

C1 Pt. 2 modified (temp.) by SI 2010/61 art. 3(2)(a) (as added (E.) (1.12.2010) by The Commons Act 2006 (Commencement No. 1 and Savings (England and Wales) and Commencement No. 5 (England) (Amendment)) Order 2010 (S.I. 2010/2356), art. 2(1)(2) (with art. 4))

Functions of commons councils E+W

31 Functions E+W

(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—

(a) nature conservation;

(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.

Commencement Information

I1 S. 31 partly in force; s. 31 not in force at Royal Assent see s. 56(1); s. 31(6)(a) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I2 S. 31 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)