Commons Bill [HL]

House of Commons

Session 2005 - 06
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Commons Bill [HL]

Commons Bill [HL]
Part 4 — Supplementary and general
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(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—
(a)
a provision of that Act which is expressed to apply to a town or village
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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
descriptions or areas of such land;
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(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.
(4)
For the purposes of subsection (1) a provision applies to common land if it is
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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
(1)
A national authority may by order amend or repeal any provision of a local or
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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;
(b)
to transfer such a function from the national authority to another
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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
(ii)
any act or omission of a person concerned with the
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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.
(2)
In subsection (1), “common land” means—
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(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
Commons Act 1899 (c. 30).
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(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
to which the Act applies;
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(b)
to transfer such a function from the national authority to another
person;

Commons Bill [HL]
Part 4 — Supplementary and general
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(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 land to which the Act applies; or
(ii)
any act or omission of a person concerned with the
management of such land;
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(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.
(4)
In this section “national authority” means—
(a)
the Secretary of State; and
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(b)
the National Assembly for Wales.
Commencement and transitional provision
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Commencement
(1)
The preceding provisions of this Act, except section 9 and Schedule 1 and
sections 53 and 54, come into force in accordance with provision made by order
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by the appropriate national authority.
(2)
Sections 53 and 54 come into force at the end of the period of two months
beginning with the day on which this Act is passed.
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Severance: transitional
(1)
In relation to any area of England and Wales, the reference in subsection (1) of
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section 9 to a register of common land or town or village greens shall, during
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 (6) 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
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any area of England and Wales during the relevant period in relation to that
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
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(b)
ends with the coming into force of section 1 in relation to that area.
(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
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into force of section 1 of the Natural Environment and Rural Communities Act
2006, be read as a reference to English Nature.

Commons Bill [HL]
Part 4 — Supplementary and general
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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
savings;
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(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
under section 53 or 54 may not be made by the Secretary of State (alone or
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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
the National Assembly for Wales) other than an order under section 55 shall be
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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.
(2)
This section does not impose criminal liability on the Crown in relation to an
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offence under section 34(1).
(3)
Subsection (2) does not affect the criminal liability of persons in the service of
the Crown.
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Interpretation
(1)
In this Act—
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“appropriate national authority” means—
(a)
the Secretary of State, in relation to England; and
(b)
the National Assembly for Wales, in relation to Wales;
“commons association” means a commons association established under
Part 2;
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“land” includes land covered by water;
“nature conservation” means the conservation of flora and fauna and
geological and physiographical features;
“regulations” means regulations made by the appropriate national
authority;
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“register of title” means the register kept under section 1 of the Land
Registration Act 2002 (c. 9);
“right of common” includes a cattlegate or beastgate (by whatever name
known) and a right of sole or several vesture or herbage or of sole or
several pasture, but does not include a right held for a term of years or
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from year to year.
(2)
In this Act—

Commons Bill [HL]
Part 4 — Supplementary and general
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(a)
any reference to land registered as common land or a town or village
green is to land so registered in a register of common land or town or
village greens;
(b)
any reference to a register of common land or town or village greens is
to such a register kept under Part 1 of this Act.
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(3)
In this Act—
(a)
references to the ownership or the owner of any land are references to
the ownership of a legal estate in fee simple in the land or to the person
holding that estate;
(b)
references to land registered in the register of title are references to land
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the fee simple of which is so registered.
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Short title
This Act may be cited as the Commons Act 2006.
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Extent
This Act extends to England and Wales only.
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