- 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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(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 a 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.
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.
Click 'View More' or select 'More Resources' tab for additional information including: