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Commons Act 2006

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34Enforcement of rulesE+W

This section has no associated Explanatory Notes

(1)A person who breaches a rule to which subsection (2) applies is guilty of an offence.

(2)This subsection applies to a rule which—

(a)is made with the consent of the appropriate national authority pursuant to a function of making rules conferred on a commons council under section 31; and

(b)specifies that a person who contravenes it is guilty of an offence under this section.

(3)A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a)a fine not exceeding level 4 on the standard scale; and

(b)in the case of a continuing offence, to a further fine not exceeding one half of level 1 on the standard scale for each day during which the offence continues after conviction.

(4)A commons council may bring proceedings in relation to an offence under subsection (1) in respect of breach of any rule made by it to which subsection (2) applies.

(5)A commons council may apply to [F1the county court ]for an order to secure compliance with any rule that it has made pursuant to a function of making rules conferred on it under section 31.

(6)But a commons council may only make an application under subsection (5) for the purpose of securing compliance with a rule to which subsection (2) applies if it is of the opinion that proceedings for an offence under subsection (1) would provide an ineffectual remedy against the person who has failed to comply with the rule.

(7)On an application under subsection (5) the court may make such an order as it thinks fit.

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Amendments (Textual)

F1Words in s. 34(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1S. 34 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)

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