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The Commons Act 2006 (Commencement No. 3) (Wales) Order 2012

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Welsh Statutory Instruments

2012 No. 806 (W.113) (C.21)

COMMONS, WALES

The Commons Act 2006 (Commencement No. 3) (Wales) Order 2012

Made

9 March 2012

The Welsh Ministers make the following Order in exercise of the powers conferred upon the appropriate national authority(1) by section 56(1) of the Commons Act 2006(2):

Title and application

1.—(1) The title of this Order is the Commons Act 2006 (Commencement No. 3) (Wales) Order 2012.

(2) This Order applies in relation to Wales.

Provision coming into force on 1 April 2012

2.  Section 46 (powers relating to unauthorised agricultural activities) of the Commons Act 2006 comes into force on 1 April 2012.

Alun Davies

Deputy Minister for Agriculture, Food, Fisheries and European Programmes, under authority of the Minister for Business, Enterprise, Technology and Science, one of the Welsh Ministers.

9 March 2012

Explanatory Note

(This note is not part of the Order)

This Order commences section 46 of the Commons Act 2006. That section relates to the regulation of unauthorised agricultural activity by the Welsh Ministers.

Where it appears to the Welsh Ministers that a person is carrying out (or is causing to be carried out) certain unauthorised agricultural activity on land which is registered as common land / a town or village green which is subject to rights of common, the unauthorised agricultural activity may be regulated if it is either detrimental to the public interest or to the interests of persons who possess rights either in relation to, or occupying, the land at issue.

(1)

See section 61(1) of the Commons Act 2006 for the meaning of the“appropriate national authority”. The functions of the “appropriate national authority” are exercisable, in relation to Wales, by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

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