194 Restrictions on inclosure of commons.E+W
[F1(1)The erection of any building or fence, or the construction of any other work, whereby access to land to which this section applies is prevented or impeded, shall not be lawful unless the consent of the Minister thereto is obtained, and in giving or withholding his consent the Minster shall have regard to the same considerations and shall, if necessary, hold the same inquiries as are directed by the M1Commons Act, 1876, to be taken into consideration and held by the Minister before forming an opinion whether an application under the Inclosure Acts, 1845 to 1882, shall be acceded to or not.
(2)Where any building or fence is erected, or any other work constructed without such consent as is required by this section, the county court within whose jurisdiction the land is situated, shall, on an application being made by the council of any county [F2or county borough]. . . or district concerned, or by the lord of the manor or any other person interested in the common, have power to make an order for the removal of the work, and the restoration of the land to the condition in which it was before the work was erected or constructed, but any such order shall be subject to the like appeal as an order made under section thirty of the Commons Act, 1876.
(3)This section applies to any land which at the commencement of this Act is subject to rights of common:
Provided that this section shall cease to apply—
(a)to any land over which the rights of common are extinguished under any statutory provision;
(b)to any land over which the rights of common are otherwise extinguished, if the council of the county [F2, county borough][F3or metropolitan district]. . . in which the land is situated by resolution assent to its exclusion from the operation of this section and the resolution is approved by the Minister.
(4)This section does not apply to any building or fence erected or work constructed if specially authorised by Act of Parliament, or in pursuance of an Act of Parliament or Order having the force of an Act, or if lawfully erected or constructed in connexion with the taking or working of minerals in or under any land to which the section is otherwise applicable, or to any [F4electronic communications apparatus installed for the purposes of an electronic communications code network.]]
Textual Amendments
F1S. 194 repealed (1.10.2007 for E. and otherwise prosp.) by Commons Act 2006 (c. 26), ss. 44(1), 56, Sch. 6 Pt. 2 (with s. 60); S.I. 2007/2584, art. 2(d)(ii) (with art. 3(5))
F2Words in s. 194(2)(3)(b) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 7(2)(a)(b) (with s. 54(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch.2
F3Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 10(5)
F4Words in s. 194(4) substituted (25.7.2003 for specified purposes, 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 3 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)
Modifications etc. (not altering text)
C1S. 194 applied by Towyn Trewan Common Act 1963 (c. 4), s. 6(4)
S. 194 excluded by New Forest Act 1964 (c. 83), ss. 3(2)(4)(6),4(1)
S. 194 saved by Commons Registration Act 1965 (c. 64), s. 21(1)
S. 194 applied by Greenham and Crookham Commons Act 2002 (c. i), s. 35 (with ss. 38, 39) (the amendment coming into force in accordance with s. 1(2)-(4) of the amending Act)
C2Functions of Minister of Agriculture, Fisheries and Food under s. 194 now exercisable by Secretary of State: S.I. 1955/554 (1955 I, p. 1200), 1965/143, 1967/156 and 1970/1681
C3S. 194: powers transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch.1
C4S. 194: functions made exercisable concurrently (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 25(2)(iv)
S. 194: functions made exercisable concurrently (22.7.2004) by The Chiltern Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 25(2)(iv)
C6S. 194(2) extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 para. 38(1)(b), Sch. 7; and (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 1(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C7S. 194(2) modified (1.10.2006 for E. and 6.9.2007 for W.) by Commons Act 2006 (c. 26), ss. 44(1), 56, Sch. 4 para. 6 (with s. 60); S.I. 2006/2504, art. 2(f); S.I. 2007/2386, art. 3(n)
C8S. 194(4) excluded (28.6.1995) by 1995 c. iii, s. 21(1) (with s. 25)
Marginal Citations