Search Legislation

Commons Act 2006

Changes over time for: SCHEDULE 4

 Help about opening options

Version Superseded: 01/04/2012

Status:

Point in time view as at 06/04/2007. This version of this schedule contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

There are currently no known outstanding effects for the Commons Act 2006, SCHEDULE 4. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 44

SCHEDULE 4E+WWorks: supplementary

This schedule has no associated Explanatory Notes

Valid from 01/10/2007

Metropolitan commonsE+W

1E+WIn section 5 of the Metropolitan Commons Act 1866 (c. 122) (prohibition on inclosure), after “inclosure of a metropolitan common” insert “ which is under the control and management of a London borough council ”.

Commencement Information

I1Sch. 4 para. 1 partly in force; Sch. 4 para. 1 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 1 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i)

2(1)The Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) is amended as follows.E+W

(2)In article 12 (restriction on powers in relation to commons), in paragraph (1) omit “(which consent the Minister may give in such cases as he thinks fit)”.

(3)In that article, after paragraph (2) insert—

(2A)Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under paragraph (1) as they apply in relation to an application for consent under section 38(1) of that Act.

(2B)Section 41 of that Act applies in relation to the carrying out of works in contravention of paragraph (1) as it applies to works carried out in contravention of section 38(1) of that Act (and as if references to consent under that provision were to consent under paragraph (1)).

(4)Omit paragraph (3) of that article.

(5)In article 17 (street improvement), in paragraph (1), after “enactment” insert “ or in any scheme made under, or confirmed by, any enactment ”.

(6)In that article—

(a)in paragraph (2), omit the words from “and the Minister” to the end;

(b)after that paragraph insert—

(2A)Where an application is made for consent under paragraph (2) in the case of any common, section 40 of the Commons Act 2006 applies in relation to the application as it applies in relation to an application for consent under section 38(1) of that Act.

(2B)Where an application is made for consent under paragraph (2) in any other case, the Minister before giving any consent shall have regard to any representations made to him in the manner specified in paragraph (3).;

(c)in paragraph (3), after “paragraph (2)” insert “ in a case to which paragraph (2B) applies ”.

Commencement Information

I2Sch. 4 para. 2 partly in force; Sch. 4 para. 2 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 2 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i)

Valid from 01/10/2007

National Trust propertyE+W

3(1)Section 29 of the National Trust Act 1907 (c. cxxxvi) (powers exercisable over common or commonable land) is amended as follows.E+W

(2)Renumber the existing provision as subsection (1).

(3)In that subsection, for “consists of common or commonable land” substitute “ is land to which this section applies ”.

(4)After that subsection insert—

(2)This section applies to—

(a)any land registered as common land;

(b)land not so registered which is—

(i)regulated by an Act made under the Commons Act 1876 confirming a provisional order of the Inclosure Commissioners; or

(ii)subject to a scheme under the Metropolitan Commons Act 1866 or the Commons Act 1899; and

(c)land not falling within paragraph (a) or (b) which is in the New Forest and is subject to rights of common.

Commencement Information

I3Sch. 4 para. 3 partly in force; Sch. 4 para. 3 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 3 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i)

4(1)Section 23 of the National Trust Act 1971 (c. vi) (powers over common land) is amended as follows.E+W

(2)In subsection (2), omit the words from “, and in giving” to the end.

(3)After that subsection insert—

(2A)Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under subsection (2) of this section as they apply in relation to an application for consent under section 38(1) of that Act.

(2B)Section 41 of that Act applies in relation to the carrying out of works in contravention of subsection (2) of this section as it applies to works carried out in contravention of section 38(1) of that Act (and as if references to consent under that provision were to consent under subsection (2) of this section).

(2C)Nothing in section 38 of the Commons Act 2006 applies in relation to land to which section 29 of the Act of 1907 applies.

Commencement Information

I4Sch. 4 para. 4 partly in force; Sch. 4 para. 4 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 4 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i) (with art. 3(6))

Valid from 01/10/2007

New parishesE+W

5E+WIn section 15 of the New Parishes Measure 1943 (No. 1) (land subject to rights of common), in subsection (1), for the words from “without the consent” to the end substitute “ without the consent of the Secretary of State and sections 39 and 40 of the Commons Act 2006 apply in relation to an application for such consent as they apply in relation to an application for consent under section 38(1) of that Act. ”

Commencement Information

I5Sch. 4 para. 5 partly in force; Sch. 4 para. 5 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 5 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i) (with art. 3(7))

Transitional provisionE+W

6E+WIn its application to any works carried out on or after 28 June 2005 but before the day on which section 38(1) above comes into force, section 194(2) of the Law of Property Act 1925 (c. 20) shall have effect as if the words “interested in the common” were omitted.

Commencement Information

I6Sch. 4 para. 6 wholly in force at 6.9.2007; Sch. 4 para. 6 not in force at Royal Assent see s. 56(1); Sch. 4 para. 6 in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(f); Sch. 4 para. 6 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

Valid from 01/10/2007

7E+WThe prohibition in section 38(1) does not apply to works carried out in connection with the taking or working of minerals if—

(a)the works were granted planning permission under any enactment before the commencement of section 38;

(b)the works are carried out in accordance with that planning permission in the period allowed for the works to be carried out (subject to any extension of time granted before or after the commencement of that section).

Commencement Information

I7Sch. 4 para. 7 partly in force; Sch. 4 para. 7 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 7 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources