http://www.legislation.gov.uk/ukpga/2006/26/section/43Commons Act 2006An Act to make provision about common land and town or village greens; and for connected purposes.texttext/xmlenStatute Law Database2025-05-29Expert Participation2025-05-01 Part 3WorksPower to exempt431The appropriate national authority may by order provide that section 38 is not to apply to—athe carrying out by a specified person of specified works on specified land; orbthe carrying out by a specified person, or a person of a specified description, of works of a specified description on—iany land; oriiland of a specified description.2The appropriate national authority may only make an order under subsection (1)(a) if it is satisfied that the works specified in the order are necessary or expedient for any of the purposes in subsection (4).3The appropriate national authority may only make an order under subsection (1)(b) if it is satisfied that works of the description specified in the order are likely to be necessary or expedient on any land, or on land of the description specified in the order, for any of the purposes in subsection (4).4The purposes referred to in subsections (2) and (3) are—ause of land by members of the public for the purposes of open-air recreation pursuant to any right of access;bthe exercise of rights of common;cnature conservation;dthe protection of archaeological remains or features of historic interest;ethe use of the land for sporting or recreational purposes.5Where—aany land was at any time before the commencement of this section land to which section 194 of the Law of Property Act 1925 (c. 20) applied, butbat any such time that section ceased to apply to the land by virtue of subsection (3)(a) of that section,the appropriate national authority may by order provide that section 38 is not to apply to the carrying out of works, or works of a description specified in the order, on that land.6Where any land is the subject of a resolution under section 194(3)(b) of the Law of Property Act 1925 (c. 20) immediately before the commencement of this section, the appropriate national authority may by order provide that section 38 is not to apply to the carrying out of works, or works of a description specified in the order, on that land.7An order under this section may provide that section 38 is not to apply only if the works to which the order relates are carried out in accordance with the terms of the order.8In subsection (1) “specified” means specified in an order under that subsection.S. 43 not in force at Royal Assent see s. 56(1); s. 43 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 43 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2S. 43 in force at 1.4.2012 for W. in so far as not already in force by S.I. 2012/739, art. 3(e)