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Statutory Instruments

2010 No. 61 (C. 10)

Commons, England

The Commons Act 2006 (Commencement No. 5) (England) Order 2010

Made

12th January 2010

The Secretary of State, in exercise of the powers conferred by section 56(1) of the Commons Act 2006(1), makes the following Order.

Citation and applicationE+W

1.  This Order—

(a)may be cited as the Commons Act 2006 (Commencement No. 5) (England) Order 2010, and

(b)applies in relation to England.

Commencement of provisionsE+W

2.  Sections 26 to 37 (management) of the Commons Act 2006 come into force on 20th January 2010.

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

12th January 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings sections 26 to 37 of the Commons Act 2006 into force in relation to England on 20th January 2010. Those sections comprise Part 2 of the Act, and allow for the management of registered common land, or of a registered town or village green that is subject to rights of common, by a commons council.

The sections being commenced provide for the establishment of commons councils, their status and constitution, and their functions, together with supplementary provisions.

Further information on the effect of these provisions may be found in the Explanatory Notes to the Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Commons Act 2006 have been brought into force by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Sections 1, 2 and 3 (pilot areas only)1st October 20082008/1960 (C.94)
Sections 4 and 56th April 20072007/456 (C.17)
Sections 6 to 8 (pilot areas only)1st October 20082008/1960 (C.94)
Sections 10 to 14 (pilot areas only)1st October 20082008/1960 (C.94)
Section 156th April 20072007/456 (C.17)
Sections 16 and 171st October 20072007/2584 (C.98)
Sections 18 to 22 (pilot areas only)1st October 20082008/1960 (C.94)
Section 23 (partially)1st October 20062006/2504 (C.84)
Section 23 (remainder) (pilot areas only)1st October 20082008/1960 (C.94)
Section 246th April 20072007/456 (C.17)
Sections 38 to 431st October 20072007/2584 (C.98)
Sections 44(1) (partially), 45, 47, 49 and 511st October 20062006/2504 (C.84)
Section 44 (remainder)1st October 20072007/2584 (C.98)
Section 461st October 20082008/1960 (C.94)
Section 481st October 20072007/2564 (C.98)
Section 52 (partially)1st October 20062006/2504 (C.84)
Ditto20th February 20072007/456 (C.17)
Section 53 (partially)1st October 20062006/2504 (C.84)
Ditto6th April 20072007/456 (C.17)
Ditto1st October 20072007/2584 (C.98)
Ditto (pilot areas only)1st October 20082008/1960 (C.94)
Schedule 2 (pilot areas only)1st October 20082008/1960 (C.94)
Schedule 3, paragraph 91st October 20062006/2504 (C.84)
Schedule 3 (remainder) (pilot areas only)1st October 20082008/1960 (C.94)
Schedule 4, paragraph 61st October 20062006/2504 (C.84)
Schedule 4, remainder1st October 20072007/2584 (C.98)
Schedule 5, paragraph 420th February 20072007/456 (C.17)
Schedule 5, paragraph 6 (partially)20th February 20072007/456 (C.17)
Schedule 5, paragraph 7 (partially)1st October 20062006/2504 (C.84)
Schedule 6, Part 1 (partially)1st October 20062006/2504 (C.84)
Ditto6th April 20072007/456 (C.17)
Ditto (pilot areas only)1st October 20082008/1960 (C.94)
Schedule 6, Part 2 (partially)1st October 20062006/2504 (C.84)
Schedule 6, Part 2 (remainder)1st October 20072007/2584 (C.98)
Schedule 6, Part 3 (partially)1st October 20062006/2504 (C.84)
Schedule 6, Part 3 (remainder)1st October 20072007/2584 (C.98)
Schedule 6, Part 51st October 20072007/2584 (C.98)

The “pilot areas” means the registration areas in England, as at 1st October 2008, of the commons registration authorities specified in the Schedule to the Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008 (S.I. 2008/1960 (C.94)).

(1)

2006 c. 26; section 61(1) defines the “appropriate national authority” as the Secretary of State, in relation to England.