Part 2 E+WManagement

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))

Commons councils: supplementary E+W

37 Variation and revocation of establishment orders E+W

(1) The appropriate national authority may by order under section 26 revoke a previous order under that section establishing a commons council only if it is satisfied that—

(a) the council has ceased to operate;

(b) the council is failing to discharge its functions in an effective manner; or

(c) the council is, in discharging its functions, failing to have sufficient regard to the public interest as required by section 31.

(2) An order under section 26 revoking a previous order under that section may include—

(a) provision for the transfer of rights, property and liabilities of the commons council;

(b) provision amending any enactment previously amended under section 36 in relation to the council.

(3) Section 27 applies to an order under section 26 varying or revoking a previous order under that section as it applies to an order under that section establishing a commons council (but as if the references in section 27 to land specified in the order were to land affected by the variation or revocation).

Commencement Information

I1 S. 37 in force at 20.1.2010 for E. by S.I. 2010/61, art. 2 (with art. 3)