Search Legislation

The Commons Act 2006 (Commencement No. 6) (England) Order 2011

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2011 No. 2460 (C. 88)

Commons, England

The Commons Act 2006 (Commencement No. 6) (England) Order 2011

Made

10th October 2011

The Secretary of State, in exercise of the powers conferred by sections 56(1) and 59(1) of the Commons Act 2006(1), makes the following Order.

Citation, interpretation and application

1.  (1)  This Order may be cited as the Commons Act 2006 (Commencement No. 6) (England) Order 2011.

(2) In this Order “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(2).

(3) This Order applies in relation to England.

Commencement of provisions

2.  The following provisions of the Commons Act 2006 come into force on 31st October 2011—

(a)in Schedule 5 (minor and consequential amendments) —

(i)the entries in paragraphs 1, 2 and 5; and

(ii)in relation to the pilot areas, the entries in paragraphs 3, 6(b), 7(2) to (4) (and 7(1) in so far as it relates to paragraph 7(2) to (4)), and 8; and

(b)section 52 in so far as it relates to those entries.

Transitional provision

3.  (1)  Paragraph (2) applies in relation to any relevant land before the commencement of section 1 of the Commons Act 2006 in respect of the land in question.

(2) In the provisions mentioned in paragraph (3), as they apply in relation to such land, the references to a register kept under Part 1 are to be read as referring to the appropriate register maintained under section 3(1) of the Commons Registration Act 1965(3).

(3) The provisions referred to in paragraph (2) are —

(a)the definitions of “common land” in —

(i)section 9(6) of the Countryside Act 1968(4);

(ii)section 11 of the Animals Act 1971(5); and

(iii)section 61(9) of the Criminal Justice and Public Order Act 1994(6); and

(b)the definition of “town or village green” in section 11 of the Animals Act 1971.

(4) In this article —

(a)“Part 1” means Part 1 of the Commons Act 2006; and

(b)“relevant land” means land in England to which Part 1 applies(7).

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

10th October 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 31st October 2011—

(a)in relation to England, the amendments made by paragraphs 1, 2 and 5 of Schedule 5 to the Commons Act 2006 (c. 26);

(b)in relation to the pilot areas (as specified in the Schedule to S.I. 2008/1960) only, the amendments made by paragraphs 3, 6(b), 7(2) to (4), and 8 of Schedule 5.

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 in relation to England 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 26 to 37 (areas in respect of which section 1 has been commenced only)20th January 20102010/61 (C. 10)
Sections 26 to 37 (areas in respect of which section 1 is not yet in force)1st December 2010

2010/2356

(C. 114)

Sections 38 to 431st October 20072007/2584 (C. 98)
Sections 44(1) (partially)1st October 20062006/2504 (C. 84)

Section 44 (remainder)

Section 45

1st October 2007

1st October 2006

2007/2584 (C. 98)

2006/2504 (C. 84)

Section 46

Section 47

1st October 2008

1st October 2006

2008/1960 (C. 94)

2006/2504 (C. 84)

Section 48

Section 49

Section 51

1st October 2007

1st October 2006

1st October 2006

2007/2564 (C. 98)

2006/2504 (C. 84)

2006/2504 (C. 84)

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)
Ditto1st December 2010

2010/2356

(C. 114)

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, (remainder)1st 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)
Ditto1st December 2010

2010/2356

(C. 114)

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)
(1)

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

(4)

1968 c. 41; the definition of “common land” is substituted by paragraph 1 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order.

(5)

1971 c. 22; the definition of “common land”, and that of “town or village green” referred to in paragraph (3)(b) of this article, are substituted by paragraph 2 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order.

(6)

1994 c. 33; the definition of “common land” is substituted by paragraph 5 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order. The definition of “land” was amended by paragraph 17 of Schedule 5 to the Countryside and Rights of Way Act 2000 (c. 37).

(7)

Section 5 of the Commons Act 2006 defines the land to which Part 1 of the Act applies.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources