Commons Act 2006

Temporary severance by letting or leasing E+W

2 (1) A right of common to which section 9 applies may, on or after the day on which this Schedule comes into force, to any extent be severed temporarily from the land to which it is attached by virtue of the right, or all or part of the land, being leased or licensed on its own in accordance with— E+W

(a) provision made by order by the appropriate national authority; or

(b) rules made in relation to the land by a commons council under section 31.

(2) Provision under sub-paragraph (1)(a) and rules referred to in sub-paragraph (1)(b) may be framed by reference to—

(a) particular land or descriptions of land;

(b) descriptions of persons to whom rights of common may be leased or licensed.

(3) Where—

(a) provision under sub-paragraph (1)(a) applies in relation to any land, and

(b) rules referred to in sub-paragraph (1)(b) also apply in relation to that land and are inconsistent with that provision,

the rules prevail over that provision, to the extent of the inconsistency, in relation to that land.

(4) The appropriate national authority may by order provide that the leasing or licensing of a right of common (whether authorised by provision under sub-paragraph (1)(a) or by rules referred to in sub-paragraph (1)(b)) must comply with such requirements as to form and content as the order may provide.