Part 4Miscellaneous
Commons Act 1899
50Schemes under the Commons Act 1899
1
The Commons Act 1899 (c. 30) is amended as follows.
2
In section 1 (power of councils to make schemes for the regulation of commons)—
a
in subsection (1), for the words from “their district” to the end substitute “in the public interest”;
b
after that subsection insert—
1A
In subsection (1), the reference to the public interest includes the public interest in—
a
nature conservation;
b
the conservation of the landscape;
c
the protection of public rights of access to any area of land; and
d
the protection of archaeological remains and features of historic interest.
3
In that section, in subsection (3), omit the words from “, and for” to the end.
4
In that section, after subsection (3) insert—
4
Regulations under subsection (3) may—
a
prescribe alternative forms;
b
permit exceptions or modifications to be made to any prescribed form.
5
In section 2 (procedure for making scheme)—
a
for subsections (1) to (3) and the first paragraph of subsection (4) substitute—
1
A council is to make and approve a scheme under this Part of this Act in the prescribed manner.
b
renumber the second paragraph of subsection (4) as subsection (2).
6
For section 9 (power to amend scheme) substitute—
9Power to amend or revoke scheme
1
A scheme under this Part of this Act for any common may, in prescribed circumstances, be amended in the prescribed manner.
2
A scheme under this Part of this Act for any common may, where a new scheme is made under this Part of this Act for the whole of that common, be revoked in the prescribed manner.
7
For section 10 (byelaws) substitute—
10Byelaws
1
A council which has made a scheme under this Part of this Act in relation to any common may make byelaws for the prevention of nuisances and the preservation of order on the common.
2
Sections 236 to 238 of the Local Government Act 1972 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding level 2 on the standard scale, and provide for the proof of byelaws in legal proceedings) apply to all byelaws under this section.