Section 9 of the Commons Act 2006, prevents, subject to exceptions, the severance of a right of common from the land to which it is attached.
Article 3 of this Order permits the temporary severance of a right of common to graze animals from the land to which the right is attached by enabling the leasing or licensing of the right to a third party for no more than five years.
Article 4 requires any temporary severance agreement made under this Order to contain a clause ensuring that the agreement is notified to the relevant Commons Registration Authority and various other organisations and individuals, within 28 days.
Article 5 revokes the Commons (Severance of Rights) (Wales) Order 2007.
Article 6 preserves the effect of any leases or licences entered into by virtue of article 2 of the Commons (Severance of Rights) (Wales) Order 2007.
A Regulatory Impact Assessment of the effects of this Order on the costs of business, in relation to increasing the period a temporary severance agreement may last for, has been prepared in respect of this Order. Copies can be obtained from the Department of Sustainable Future, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.
This Order comes into force on 1 March 2014.