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17 Power to provide other facilities
| (1) | Subject to subsection (2) below, the Council may, with the consent of the Commission, on the Common or any additional open space—
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| (a) | provide, maintain, alter, improve or remove cattle grids;
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| (b) | lay out tracks and paths suitably surfaced in gravel or other material which is in keeping with the Common or any additional open space—
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| (i) | for use by persons on horseback or on bicycles,
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| (ii) | to facilitate access to the Common and any additional open space by disabled persons and other members of the public, or
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| (iii) | to facilitate access over the Common and any additional open space to adjoining land;
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| (c) | provide receptacles for refuse or litter;
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| (d) | provide picnic sites;
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| (e) | provide public sanitary conveniences.
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| (2) | The facilities specified in subsection (1)(d) or (e) above shall not be provided on the Common.
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| (3) | For the purposes set out in section 8(1)(a) to (c) (General duty of Council and Commission) above (but not otherwise) the Council may, with the consent of the Commission, make provision for the construction of such other works on the Common or any additional open space as the Council think fit.
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18 Exchange of common land
| (1) | If the Council consider that it will be conducive to the attainment of all or any of the purposes set out in section 8(1) (a) to (c) (General duty of Council and Commission) above, the Council may, subject to subsection (3) below, exchange for any land forming part of the Common (“the land disposed of”) other land (“the exchange land”) having an area which is not less than the area of the land disposed of.
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| (2) | Upon the exchange of any land under this section—
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| (a) | the land disposed of shall cease for all purposes to form part of the Common and shall be freed from all rights and obligations whatsoever attaching to the land by virtue of its having been common land (whether under this Act, any other enactment or otherwise) but shall remain subject to any other rights to which it was subject before the exchange; and
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| (b) | the exchange land shall become part of the Common and subject to all rights and obligations under this Act and any other enactment or rule of law to which the land disposed of was subject.
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| (3) | The Council may only exercise the power under subsection (1) above—
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| (a) | where the area of the land to be disposed of is less than five hectares, with the prior approval of either the Secretary of State or the Commission; or
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| (b) | in any other case, with the prior approval of the Secretary of State.
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| (4) | The Secretary of State shall not give an approval to the exchange of any land under subsection (3) above unless the Secretary of State is satisfied—
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| (a) | that there has been or will be given in exchange for such land, other land, not being less in area and being equally advantageous to the persons entitled to rights of common and to the public and that the land given in exchange has been or will be vested in the Council; or
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| (b) | that the effect of the exchange will be to improve the conservation and management of the Common as a whole and benefit the neighbourhood.
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| (5) | The provisions of section 123 of the 1972 Act (disposal of land by principal councils) shall not apply in relation to any disposal of land by the Council as part of an exchange of land under this section.
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19 Special events and activities
| (1) | The Council may, with the consent of the Commission, authorise the holding on the Common or any additional open space of any festival or sporting or other special event which would otherwise be contrary to byelaws made under section 15 (Power to make byelaws) above if the Council considers that the holding of the festival or event will be conducive to the attainment of all or any of the purposes set out in section 8(1) (a) to (c) (General duty of Council and Commission) above.
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| (2) | Any such authorisation may be given on such terms (including the payment of a fee) and subject to such conditions and restrictions as the Council may determine.
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| (3) | Any fee received by the Council under subsection (2) above in respect of the holding of a festival or event, after deduction of such amount as the Council may determine to be reasonably necessary to reimburse the Council for any expenditure incurred by the Council in respect of the holding of the festival or event, shall be paid by the Council to the Commission.
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| (4) | Subject to subsection (5) below, the Council may set aside any part of the Common and any additional open space for the exclusive use for any specified form of, or any specified, recreational or educational activity; and land may be so set aside for such use for such period or periods, or during such time or times of the day, as the Council may determine.
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| (5) | The power in subsection (4) above may only be exercised with the prior approval of the Commission in any case where—
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| (a) | the area of the land set aside exceeds two hectares; or
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| (b) | the land is set aside for a period of more than 7 consecutive days.
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20 Ancillary provisions relating to Council's functions
| (1) | Notwithstanding section 101 of the 1972 Act (discharge of any of the functions of a local authority by a committee, sub-committee, an officer of the authority or by any other local authority), the Council shall not delegate their functions under section 1(2) (Short title and commencement) or section 6 (Designation of additional open space) above.
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| (2) | Without prejudice to section 101 of the 1972 Act but subject to subsection (1) above, the Council may arrange for the discharge of any of their functions under this Act—
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| (a) | by the Commission; or
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| (b) | by such other person as the Council may think fit,
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| | and different functions may be discharged by different persons.
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| (3) | The Council may provide services relating to or connected with the management of the Common to the Commission.
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| (4) | The Council shall have power to make reasonable charges for any facilities or services provided by them under this Act to the Commission or any other person and may arrange for any such facilities or services to be provided by some other person, and, where they have made arrangements for such facilities or services to be provided by some other person, may authorise that person to make reasonable charges.
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| (5) | Services and facilities for which charges may be made under subsection (4) above include the use of any picnic site and the use of any part of the Common or any additional open space set aside under section 19(4) (Special events and activities) above for any specified form of, or specified, recreational or educational activity.
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| (6) | Any power of the Council under this Act to provide any services or facilities shall include power to enter into agreements with any other person for the use, on such terms as may be agreed, of any services or facilities provided by, or under the control of, that other person.
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PART 4
CONSERVATION OF COMMON
21 Functions of Commission
| (1) | It shall be the duty of the Commission, acting in consultation with the Council and for the purposes set out in section 8(1)(a) to (c) (General duty of Council and Commission) above, to take such steps as appear to it to be necessary and reasonably practicable for the improvement and maintenance of the Common and any additional open space and the promotion of proper standards of livestock husbandry on that land (including the assessment of the number of animals which can properly be grazed on the Common from time to time).
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| (2) | Subject to the provisions of this Act, the Commission may, with the Council's consent, do anything which is designed to facilitate, or is conducive or incidental to, the discharge of any of its functions and, in particular, the attainment of the purposes set out in section 8(1)(a) to (c) (General duty of Council and Commission) above.
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| (3) | Without prejudice to the generality of subsection (2) above, the Commission, with the Council's consent, may—
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| (a) | render assistance to any commoner in the maintenance of the commoner's rights of common;
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| (b) | enter into agreements with the owner of any land in the vicinity of the Common which the Commission consider can conveniently be managed with the Common for the management by the Commission of grazing on the land;
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| (c) | apply for and receive grants and other gifts subject to such conditions (if any) as to repayment or otherwise as the Commission may accept; and
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| (d) | engage, or participate in, fund-raising activities including the holding of public collections or the making of public appeals.
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| (4) | The provisions of sections 65 to 71, 73 and 74 of the Charities Act 1992 (c. 41) (which regulate public charitable collections and charitable appeals) shall apply in relation to public collections and public appeals by the Commission under subsection (3) above as if they were respectively public charitable collections and charitable appeals for the purposes of Part III of that Act.
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22 Grazing agreements
| (1) | Subject to subsections (2) to (4) below, the Commission may enter into agreements, on such terms (including the payment of grazing fees) and subject to such conditions as the Council may approve, permitting any person to graze animals over the whole or any part of—
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| (b) | any additional open space which is subject to rights of common;
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| (c) | any additional open space which is not so subject; or
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| | unless the Commission is satisfied that the exercise of grazing under the agreement will not, when taken together with such rights of common as are normally exercised over the land in question, result in the land in question being grazed by a number of animals, or animals of any description, which exceeds any number fixed under regulations as mentioned in section 23(3) (Regulations as to management of commoners' rights) below.
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| (d) | any land which is subject to an agreement made under section 21(3)(b) (Functions of Commission) above.
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| (2) | The Commission shall not enter into a grazing agreement under this section in respect of—
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| (b) | any part of the Common; or
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| (c) | any additional open space falling within subsection (1)(b) above,
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| (3) | The Council may, after consultation with the Commission, fix the maximum number of animals or animals of any description which may, in any financial year, be grazed on any land falling within paragraph (a), (b), (c) or (d) of subsection (1) above; and the total number of animals, or animals of any description, permitted to be grazed on any such land shall not exceed any number so fixed.
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| (4) | Without prejudice to the generality of subsection (3) above, the Council may determine that, in any financial year, no animals or no animals of any particular description may be grazed on any land falling within paragraph (a), (b), (c) or (d) of subsection (1) above.
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| (5) | Nothing in subsection (3) or (4) above shall affect any rights of common.
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| (6) | Subject to subsection (7) below, all grazing fees received by the Commission under agreements entered into under this section—
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| (a) | shall be paid by the Commission to the Council to reimburse the Council for the costs incurred by the Council in promoting this Act; and
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| (b) | if those costs have been fully recovered by the Council, or if and to the extent that the Council waive or defer their right to receive grazing fees under this subsection, shall be retained by the Commission for the discharge of its functions under this Act.
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| (7) | Until such time as those costs have been fully recovered by the Council, the Commission may retain from the grazing fees received in any financial year a sum not exceeding £1000 (or such greater sum as the Council may agree) for the discharge of its functions under this Act.
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23 Regulations as to management of commoners' rights
| (1) | The Commission may, with the prior approval of the Council, make regulations to secure the good management of the Common as respects the exercise of rights of common and the good husbandry of animals grazed on the Common.
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| (2) | Without prejudice to the generality of subsection (1) above, regulations under this section may make provision—
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| (a) | modifying or restricting the exercise on the Common of any rights of turbary, estovers or taking sand, gravel, stone, clay or otherwise interfering with the soil so far as the Commission may think necessary to protect the Common, including provision restricting the exercise of any such rights to specified parts of the Common;
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| (b) | to ensure the good husbandry and maintenance of the health of all animals grazed on the Common;
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| (c) | to ensure that the Common is not over grazed;
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| (d) | to ensure that all animals grazed on the Common are from their introduction duly hefted or flocked and that their ownership may be identified by means of a mark, tag or other method;
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| (e) | to control or exclude stallions, rams, bulls or other male entire commonable animals and to prescribe, or provide for prescribing, conditions (as to time or as to the class, description, age or characteristics of animals) under which male entire commonable animals may be grazed on the Common;
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| (f) | to ensure that any dead commonable animal is, whenever reasonably practicable, removed from the Common as soon as possible after its death has occurred;
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| (g) | to exclude from grazing on the Common shod horses or ponies and other animals not entitled to be on the Common or any animal which, in the opinion of the Commission, either has become unthrifty or is in such a condition that to allow it to remain grazed on the Common would be likely to cause it unnecessary suffering;
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| (h) | to regulate or prohibit the burning of heather, gorse, grass and bracken on the Common;
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| (i) | to exclude from grazing on the Common, for such periods as appear reasonably necessary, all animals, or animals of a particular description, where the Commission is satisfied that such exclusion is necessary for the maintenance of the Common or for the promotion of proper standards of livestock husbandry;
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| (j) | generally to regulate the exercise of rights of common of all kinds and rights or privileges having a similar subject matter as rights of common (including rights of grazing deriving otherwise than from rights of common) over the Common;
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| (k) | to prohibit the use of the Common for grazing or other uses having a similar subject matter as rights of common by persons purporting to exercise rights in excess of their entitlement or by persons not entitled to such rights either as commoners or otherwise.
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| (3) | Regulations made under subsection (2)(c) above may fix or provide for the fixing, for each financial year, of the number of animals or animals of any description which from time to time may be grazed on the Common by virtue of a right of common or of any other right or privilege; and any such regulation—
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| (a) | shall, so far as is reasonably practicable, impose on all holders of the like rights or privileges a proportionately similar variation; and
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| (b) | shall provide that a person aggrieved by the reduction of the number of animals which may be grazed by that person on any part of the Common shall have a right of appeal to an arbitrator who shall be appointed in such manner and on such terms as may be provided by the regulations.
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| (4) | Regulations under this section shall not—
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| (a) | except as provided in subsection (2)(i) above, prevent rights of pasturage being exercised over any part of the Common;
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| (b) | so reduce the entitlement of a commoner to graze animals on the Common as in any circumstances to preclude the grazing of two or less animals;
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| (c) | impose restrictions or obligations respecting the exercise of any such rights or other rights or privileges, so as to discriminate between rights of the same class or character;
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| (d) | increase the number of animals which a commoner may graze on the Common to a number exceeding that recorded in the register maintained under the 1965 Act as the entitlement in respect of the right which he exercises.
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| (5) | Regulations under this section may make provision—
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| (a) | for the detention by any person authorised by the Commission of any animal found on the Common in contravention of the regulations;
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| (b) | for the recovery by the Commission of the cost of such detention including the cost of the animal's proper maintenance and of any reasonably necessary treatment for it; and
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| (c) | for the sale of the animal by the Commission subject to compliance with such conditions as to the giving of notice to the owner of the animal (if it is known to whom it belongs) and otherwise, as may be prescribed in the regulations; and
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| (d) | for the recovery by the Commission of the cost of removing any dead commonable animal under regulations made under subsection (2)(f) above.
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| (6) | Regulations under this section may—
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| (a) | make provision that a person contravening the regulations shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale; and
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| (b) | may be made so as to relate—
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| (i) | either to the whole or to any part of the Common;
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| (ii) | not only to the Common but also to any additional open space (or any part of such space) which is used for the exercise of any such rights and privileges as are mentioned in subsection (2)(j) above;
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| (iii) | to any land which is subject to an agreement made under section 21(3)(b) (Functions of Commission) above where that agreement provides that regulations may apply to that land so as to bind the persons who entered into the agreement, their successors in title or any person deriving title under them;
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| | and may make different provision for different cases and in relation to different parts of such land.
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