Commons Act 2006 (c. 26)

Part 2 E+W Management

Modifications etc. (not altering text)

C1 Pt. 2 modified (temp.) by SI 2010/61 art. 3(2)(a) (as added (E.) (1.12.2010) by The Commons Act 2006 (Commencement No. 1 and Savings (England and Wales) and Commencement No. 5 (England) (Amendment)) Order 2010 (S.I. 2010/2356), art. 2(1)(2) (with art. 4))

Status and constitution of commons councils E+W

28 Status E+W

(1) A commons council is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The property of a commons council is not to be regarded as the property of, or as property held on behalf of, the Crown.

(3) A commons council is not to be regarded as an authority to which section 28G of the Wildlife and Countryside Act 1981 (c. 69) applies.

Commencement Information

I1 S. 28 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)

29 Constitution E+W

(1) The appropriate national authority must by regulations prescribe standard terms as to the constitution and administration of commons councils (in this Part, the “standard constitution”).

(2) The terms of the standard constitution apply to every commons council, subject as follows.

(3) An order under section 26 may also make provision as to the constitution and administration of a commons council.

(4) Provision which may be made under subsection (3) includes in particular—

(a) provision supplementary to any term of the standard constitution;

(b) provision disapplying any such term;

(c) provision replacing any such term.

(5) Where in relation to a commons council—

(a) provision is made under subsection (3) that is inconsistent with any term of the standard constitution, and

(b) any such term has not been expressly disapplied under that subsection,

the provision made under subsection (3) prevails, to the extent of the inconsistency, over the term of the standard constitution.

(6) Terms of the standard constitution prescribed by regulations under subsection (1) may be amended by further regulations under that subsection; and this section applies in relation to such terms as amended as it applies in relation to the terms as first prescribed.

Commencement Information

I2 S. 29 partly in force; s. 29 not in force at Royal Assent see s. 56(1); s. 29(1)(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I3 S. 29 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)

30 Constitution: supplementary E+W

(1) This section applies in relation to terms as to the constitution and administration of a commons council contained in—

(a) the standard constitution; or

(b) an order under section 26.

(2) The terms may in particular include terms as to—

(a) the membership of the council;

(b) participation in the council by persons other than members;

(c) the proceedings of the council;

(d) the keeping and publication of accounts, annual reports and other information relating to the council.

(3) The terms referred to in subsection (2)(a) include in particular terms as to—

(a) the appointment of members (by election or otherwise);

(b) the term for which members are appointed;

(c) co-option of members;

(d) the conduct of members;

(e) resignation and disqualification of members;

(f) termination and renewal of membership;

(g) payment of allowances to members.

(4) The terms referred to in subsection (2)(b) include in particular terms as to—

(a) entitlement to elect members;

(b) entitlement to attend meetings.

(5) The terms referred to in subsection (2)(c) include in particular terms as to—

(a) the frequency of meetings;

(b) voting procedures at meetings;

(c) committees and sub-committees.

(6) The terms referred to in subsection (2)(d) include in particular terms as to—

(a) the appointment of auditors;

(b) the preparation and publication of accounts;

(c) the preparation and publication of annual reports.

(7) Subject to any terms made of the kind referred to in subsection (2)(c), a commons council may regulate its own proceedings.

Commencement Information

I4 S. 30 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)