Common LandE+W
38(1)In relation to any registered common within the Broads which is not owned by, or vested in, a local authority and which is not a staithe, the Authority shall be treated as a local authority for the purposes of the following enactments—E+W
(a)section 1 of the M1Commons Act 1899 (scheme for regulation);
(b)section 194(2) of the M2Law of Property Act 1925 (application for removal of works);
(c)section 23 of the M3Caravan Sites and Control of Development Act 1960 (power of district council to prohibit caravans on commons); and
(d)[F1 section 45 of the Commons Act 2006 ] (protection of unclaimed common land).
(2)No local authority shall exercise any of its functions under the enactments mentioned in sub-paragraph (1) above, in relation to any staithe which is within the Broads and which is registered as a common, except jointly with the Authority or with the Authority’s consent.
Textual Amendments
F1Words in Sch. 3 para. 38(1)(d) substituted (20.2.2007 for E.) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 4 (with s. 60); S.I. 2007/456, art. 2(a)(i)
Marginal Citations