Commons Bill [HL]

House of Commons

Session 2005 - 06
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Commons Bill [HL]

Commons Bill [HL]
Part 3 — Protection
27

(6)
In deciding whether to serve a notice under this section the appropriate
national authority must have regard to—
(a)
any criminal or civil proceedings that have been or may be commenced
in relation to the activity; and
(b)
any steps taken by a commons association in relation to the activity.
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(7)
If a person on whom a notice is served under this section fails to comply with
it—
(a)
the appropriate national authority may apply to a county court for an
order requiring him to do so; and
(b)
the court may make such an order for the purpose of securing
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compliance with the notice as it thinks fit.
(8)
For the purposes of this section, activity is unauthorised if the person carrying
it out or causing it to be carried out—
(a)
has no right or entitlement by virtue of his ownership or occupation of
the land, or pursuant to any right of common, to do so; or
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(b)
is not doing so with the authority of the person or persons entitled to
give such authority.
(9)
The reference in subsection (1)(c)(ii) to the public interest includes the public
interest in—
(a)
nature conservation;
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(b)
the conservation of the landscape;
(c)
the protection of public rights of access to any area of land; and
(d)
the protection of archaeological remains and features of historic
interest.
(10)
Section 123(1) to (5) of the Environment Act 1995 (c. 25) applies in relation to
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the service of a notice under this section as it applies in relation to the service
of a notice under that Act.
Abolition of powers of approvement and inclosure
47
Approvement
(1)
The Commons Act 1285 (13 Edw 1 c. 46) (power of approvement) shall cease to
30
have effect.
(2)
Any power of approvement of a common which subsists at common law is
abolished.
48
Inclosure
(1)
Section 147 of the Inclosure Act 1845 (c. 118) (power to exchange common land
35
for other land) shall cease to have effect.
(2)
The following shall cease to have effect—
(a)
section 2 of the Gifts for Churches Act 1811 (c. 115);
(b)
in section 2 of the School Sites Act 1841 (c. 38), the words from
“Provided also, that where any portion” to “such conveyance;”;
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(c)
in section 1 of the Literary and Scientific Institutions Act 1854 (c. 112),
the words from “Provided also” to the end.

Commons Bill [HL]
Part 4 — Supplementary and general
28

Part 4
Supplementary and general
Amendments and repeals
49
Minor and consequential amendments
Schedule 5 (minor and consequential amendments) has effect.
5
50
Repeals
Schedule 6 (repeals, including consequential repeals and repeals of spent and
obsolete enactments) has effect.
51
Power to amend enactments relating to common land or greens
(1)
The appropriate national authority may by order amend any relevant Act so as
10
to secure that—
(a)
a provision of that Act applying to common land does not apply to land
to which Part 1 applies and which is not registered as common land;
(b)
such a provision applies to either or both of the following—
(i)
land registered as common land, or particular descriptions or
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areas of such land;
(ii)
land to which Part 1 does not apply, or particular descriptions
or areas of such land.
(2)
The appropriate national authority may by order amend any relevant Act so as
to secure that—
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(a)
a provision of that Act which is expressed to apply to a town or village
green does not apply to land to which Part 1 applies and which is not
registered as a town or village green;
(b)
such a provision applies to either or both of the following—
(i)
land registered as a town or village green, or particular
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descriptions or areas of such land;
(ii)
land to which Part 1 does not apply, or particular descriptions
or areas of such land.
(3)
In this section, “relevant Act” means any public general Act passed before this
Act.
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(4)
For the purposes of subsection (1) a provision applies to common land if it is
expressed to apply (generally) to common land, any common or commons,
commonable land, land subject to inclosure under any enactment or other land
of a similar description.
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Power to amend enactments conferring functions on national authorities
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(1)
A national authority may by order amend or repeal any provision of a local or
personal Act passed before this Act which applies to common land for any of
the following purposes—
(a)
to remove any function of the national authority which relates to the
common land;
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Commons Bill [HL]
Part 4 — Supplementary and general
29

(b)
to transfer such a function from the national authority to another
person;
(c)
to remove a requirement that the national authority be consulted, or
that its consent be obtained, in respect of—
(i)
any act or omission relating to the common land; or
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(ii)
any act or omission of a person concerned with the
management of the common land;
(d)
to substitute for a requirement referred to in paragraph (c) a
requirement that a person other than the national authority be
consulted, or his consent obtained, in relation to the act or omission.
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(2)
In subsection (1), “common land” means—
(a)
any land registered as common land or as a town or village green;
(b)
any land referred to in section 5(2); and
(c)
any land not falling within paragraph (a) or (b) which is subject to a
scheme under the Metropolitan Commons Act 1866 (c. 122) or the
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Commons Act 1899 (c. 30).
(3)
A national authority may by order amend or repeal any provision of an Act
made under the Commons Act 1876 (c. 56) confirming a provisional order of
the Inclosure Commissioners for any of the following purposes—
(a)
to remove any function of the national authority which relates to land
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to which the Act applies;
(b)
to transfer such a function from the national authority to another
person;
(c)
to remove a requirement that the national authority be consulted, or
that its consent be obtained, in respect of—
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(i)
any act or omission relating to land to which the Act applies; or
(ii)
any act or omission of a person concerned with the
management of such land;
(d)
to substitute for a requirement referred to in paragraph (c) a
requirement that a person other than the national authority be
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consulted, or his consent obtained, in relation to the act or omission.
(4)
In this section “national authority” means—
(a)
the Secretary of State; and
(b)
the National Assembly for Wales.
Commencement and transitional provision
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53
Commencement
(1)
The preceding provisions of this Act, except section 9 and Schedule 1 and
sections 51 and 52, come into force in accordance with provision made by order
by the appropriate national authority.
(2)
Sections 51 and 52 come into force at the end of the period of two months
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beginning with the day on which this Act is passed.
54
Severance: transitional
(1)
In relation to any area of England and Wales, the reference in subsection (1) of
section 9 to a register of common land or town or village greens shall, during

Commons Bill [HL]
Part 4 — Supplementary and general
30

the relevant period in relation to that area, be read as a reference to such a
register kept under the Commons Registration Act 1965 (c. 64).
(2)
Sub-paragraph (5) of paragraph 1 of Schedule 1 shall not have effect in relation
to a right of common severed (in accordance with that paragraph) from land in
any area of England and Wales during the relevant period in relation to that
5
area.
(3)
In this section, the “relevant period”, in relation to an area of England and
Wales, is the period which—
(a)
begins with the coming into force of this section; and
(b)
ends with the coming into force of section 1 in relation to that area.
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(4)
This section is deemed to have come into force on 28 June 2005.
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Natural England
Any reference in a provision of this Act to Natural England shall, in relation to
any time after the coming into force of that provision but before the coming
into force of section 1 of the Natural Environment and Rural Communities Act
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2006, be read as a reference to English Nature.
General
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Orders and regulations
(1)
An order or regulations under this Act may make—
(a)
transitional, consequential, incidental and supplemental provision or
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savings;
(b)
different provision for different purposes or areas.
(2)
An order or regulations under this Act, other than an order under section 17,
must be made by statutory instrument.
(3)
A statutory instrument containing regulations under section 29(1) or an order
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under section 51 or 52 may not be made by the Secretary of State (alone or
jointly with the National Assembly for Wales) unless a draft has been laid
before and approved by a resolution of each House of Parliament.
(4)
Subject to subsection (3), a statutory instrument containing any order or
regulations made under this Act by the Secretary of State (alone or jointly with
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the National Assembly for Wales) other than an order under section 53 shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
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Crown application
(1)
This Act (and any provision made under it) binds the Crown.
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(2)
This section does not impose criminal liability on the Crown in relation to an
offence under section 34(1).
(3)
Subsection (2) does not affect the criminal liability of persons in the service of
the Crown.