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Commons Act 1899

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part IE+W+S+N.I. Regulation of Commons

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Modifications etc. (not altering text)

C1Pt. I extended (E.W.) (30.1.2001) by 2000 c. 37, ss. 15(2), 103(2)

1 Power for district council to make scheme for regulation of common. E+W+S+N.I.

(1)The council of [F1a district] may make a scheme for the regulation and management of any common within their district with a view to the expenditure of money on the drainage, levelling, and improvement of the common, and to the making of bylaws and regulations for the prevention of nuisances and the preservation of order on the common.

(2)The scheme may contain any of the statutory provisions for the benefit of the neighbourhood mentioned in section seven of the M1Commons Act 1876.

(3)The scheme shall be in the prescribed form, and shall identify by reference to a plan the common to be thereby regulated, and for this purpose an ordance survey map shall, if possible, be used.

[F2(4)Regulations under subsection (3) may—

(a)prescribe alternative forms;

(b)permit exceptions or modifications to be made to any prescribed form.]

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Amendments (Textual)

F1Words substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

F2S. 1(4) inserted (E.W.) (12.8.2007 for W. for specified purposes) by Commons Act 2006 (c. 26), ss. 50(4), 56 (with s. 60); S.I. 2007/2386, art. 2

Modifications etc. (not altering text)

C3S. 1 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.1(2)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C4Ss. 1-3 functions made exercisable concurrently (E.W.) (22.7.2004 with effect in accordance with art. 25(1)) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 25(2)(ii) (with art. 35)

C5Ss. 1-3 functions made exercisable concurrently (E.W.) (1.2.2005 with effect in accordance with art. 25(1)) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1)(2)(ii) (with art. 35)

Marginal Citations

2 Procedure for making scheme.E+W+S+N.I.

(1)Not less than three months before the making of a scheme under this Part of this Act the council shall give the prescribed notice of their intention to make it, and shall state thereby where copies of the draft of the scheme may be obtained, and where the plan therein referred to may be inspected. . . . F3

(2)During the three months aforesaid any person may obtain copies of the draft on payment of a sum not exceeding [F42½p] per copy, and may inspect the plan at the prescribed place, and may make in writing to the [F5council] any objection or suggestion with respect to the scheme or plan.

(3)After the expiration of the said three months the [F6council] shall take into consideration any objections or suggestions so made, and for that purpose may, if they think fit, direct that an inquiry be held by an officer of the [F6council].

(4)The [F6council] may by order approve of the scheme, subject to such modifications, if any, as they may think desirable, and thereupon the scheme shall have full effect.

Provided that if, at any time before the [F6council] have approved of the scheme, they receive a written notice of dissent either—

(a)from the person entitled as lord of the manor or otherwise to the soil of the common; or

(b)from persons representing at least one-third in value of such interests in the common as are affected by the scheme,

and such notice is not subsequently withdrawn, the [F6council] shall not proceed further in the matter.

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Amendments (Textual)

F4Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

Modifications etc. (not altering text)

C4Ss. 1-3 functions made exercisable concurrently (E.W.) (22.7.2004 with effect in accordance with art. 25(1)) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 25(2)(ii) (with art. 35)

C5Ss. 1-3 functions made exercisable concurrently (E.W.) (1.2.2005 with effect in accordance with art. 25(1)) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1)(2)(ii) (with art. 35)

3 Management of regulated common.E+W+S+N.I.

The management of any common regulated by a scheme made by a district council under this Part of this Act shall be vested in the district council.

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Modifications etc. (not altering text)

C4Ss. 1-3 functions made exercisable concurrently (E.W.) (22.7.2004 with effect in accordance with art. 25(1)) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 25(2)(ii) (with art. 35)

C5Ss. 1-3 functions made exercisable concurrently (E.W.) (1.2.2005 with effect in accordance with art. 25(1)) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1)(2)(ii) (with art. 35)

4 Provision for delegation of powers of district council to parish council. E+W+S+N.I.

A rural district council may delegate to a parish council any powers of management conferred by this part of this Act on the district council in relation to any commons within the parish, and thereupon the Public Health Acts shall apply as if the parish council were a parochial committee.

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Modifications etc. (not altering text)

C6The text of ss. 4, 13, 17 and 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 Power for parish council to contribute to expenses.E+W+S+N.I.

A parish council may agree to contribute the whole or any portion of the expenses of and incidental to the preparation and execution of a scheme for the regulation and management of any common within their parish (including any compensation paid under this Act) . . . F7

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Amendments (Textual)

6 Provision for compensation.E+W+S+N.I.

No estate, interest, or right of a profitable or beneficial nature in, over, or affecting any common shall, except with the consent of the person entitled thereto, be taken away or injuriously affected by any scheme under this Part of this Act without compensation being made or provided for the same by the council making the scheme, and such compensation shall, in case of difference, be ascertained and provided in the same manner as if it were for the compulsory purchase and taking, or the injurious affecting, of lands under [F8Part I of the M2Compulsory Purchase Act 1965.]

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Amendments (Textual)

F8Words substituted by virtue of Compulsory Purchase Act 1965 (c. 56), s. 39(2)

Marginal Citations

7 Power for district council to acquire property in regulated common.E+W+S+N.I.

A district council may acquire the fee simple or any estate in or any rights in or over any common regulated by a scheme under this Part of this Act by gift or by purchase by agreement, and hold the same . . . F9 for the purposes of the scheme . . . F10

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Amendments (Textual)

Modifications etc. (not altering text)

C7S. 7 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.1(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

8 Digging of gravel.E+W+S+N.I.

Section twenty of the M3Commons Act 1876 (which relates to the digging of gravel), shall apply to any common regulated by a scheme under this Part of this Act.

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Marginal Citations

[F119[F11Power to amend or revoke scheme]E+W+S+N.I.

(1)A scheme under this Part of this Act for any common may, in prescribed circumstances, be amended in the prescribed manner.

(2)A scheme under this Part of this Act for any common may, where a new scheme is made under this Part of this Act for the whole of that common, be revoked in the prescribed manner.]

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Amendments (Textual)

F11S. 9 substituted (12.8.2007 for W. for specified purposes) by Commons Act 2006 (c. 26), ss. 50(6), 56 (with s. 60); S.I. 2007/2386, art. 2

10 Provisions as to byelaws. E+W+S+N.I.

The provisions with respect to byelaws contained in [F12section two hundred and thirty-six of the M4Local Government Act 1972] shall apply to all byelaws made in pursuance of a scheme under this Part of this Act, and any fine imposed by any such byelaw shall be recoverable summarily and be payable to the council in whom the management of the common is vested.

[F13(3)Sections 7, 8, 10 and 19 of the Local Government Byelaws (Wales) Act 2012 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding level 2 on the standard scale, and provide proof of byelaws in legal proceedings) apply to byelaws under this section made by a council in Wales.]

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Amendments (Textual)

F12Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

Modifications etc. (not altering text)

C8Function of confirming byelaws or regulations made by district council under s. 1(1) exercisable by Secretary of State: S.R. & O. 1946/1757 (Rev. XV p. 112: 1946 I p. 1012

Marginal Citations

[F1411 Expenses.E+W+S+N.I.

All expenses of and incidental to the preparation and execution of a scheme under this Part of this Act shall be paid by the district council.]

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Amendments (Textual)

12 Power for urban district council to contribute towards expenses.E+W+S+N.I.

The council of any [F15district] may, with a view to the benefit of the inhabitants of their district, . . . F16 enter into an undertaking with any other council making or having made a scheme under this Part of this Act to contribute any portion of the expenses incurred by that council in executing the scheme.

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Amendments (Textual)

F15Words substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

Modifications etc. (not altering text)

C9S. 12 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.1(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

13 Application to county boroughs. E+W+S+N.I.

This Part of this Act shall apply to the council of a county borough in like manner as if that council were the council of an urban district.

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Modifications etc. (not altering text)

C10The text of ss. 4, 13, 17 and 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

14 Saving for commons regulated under other Acts.E+W+S+N.I.

A scheme under this Part of this Act shall not apply to any common which is or might be the subject of a scheme made under the M5Metropolitan Commons Acts 1866 to 1878 or is regulated by a Provisional Order under the Inclosure Acts 1845 to 1882 or has been acquired, or managed as an open space, under the powers of the Corporation of London (Open Spaces) Act 1878 or any Act therein referred to, or is the subject of any private or local and personal Act of Parliament having for its object the preservation of the common as an open space, or is subject to byelaws made by a parish council under section eight of the M6Local Government Act 1894.

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Marginal Citations

M51878 c. cxxvii.

15 Definitions.E+W+S+N.I.

In this Part of this Act, unless the context otherwise requires,—

  • The expression “common” shall include any land subject to be inclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

  • The expression “prescribed” shall mean prescribed by regulations made by the [F17Secretary of State.]

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Amendments (Textual)

F17Words substituted by virtue of Board of Agriculture and Fisheries Act 1903 (c. 31), s. 1(1), Ministry of Agriculture and Fisheries Act 1919 (c. 91), s. 1, S.I. 1955/554 (1955 I, p. 1200), 1965/143, 1967/156 and 1970/1681

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