Commons Act 2006
   HOME

TheInfoList



OR:

The Commons Act 2006 (c 26) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
. It implements recommendations contained in the Common Land Policy Statement 2002. The Act sets out the provision for designation of town or village greens.


Part 1


Section 14

Section 14(3)(b) was substituted by paragraph 21 of Schedule 1 to the Church Property Measure 2018 (No 8).


Section 15

The words "the relevant period" were substituted for the words from "the period" to the end of section 15(3)(c) by section 14(2) of the
Growth and Infrastructure Act 2013 Growth may refer to: Biology * Auxology, the study of all aspects of human physical growth * Bacterial growth * Cell growth * Growth hormone, a peptide hormone that stimulates growth * Human development (biology) * Plant growth * Secondary growth ...
. Section 15(3A) was inserted by section 14(3) of the Growth and Infrastructure Act 2013, and consists of the definition of "the relevant period". No land within the limits of land to be acquired or used shown on the plans certified by the Secretary of State as the land plans for the purpose of the River Mersey (Mersey Gateway Bridge) Order 2011 (SI 2011/41), or on the plans and sections certified by the Secretary of State under article 47 of the Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (SI 2013/2587) as the works and land plans for the purposes of that Order,The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (SI 2013/2587), article 5 as read with the definitions of "the limits of land to be acquired or used" and "the works and land plans" in article 2(1). may be the subject of an application under section 15 of the Commons Act 2006.


Section 15A

This section was inserted by section 15 of the Growth and Infrastructure Act 2013. The words "in England" in section 15(1) were repealed by section 52(2) of the Planning (Wales) Act 2015. Section 15A(8) was repealed by section 52(3) of the Planning (Wales) Act 2015.


Section 15B

This section was inserted by section 15 of the Growth and Infrastructure Act 2013.


Section 15C

This section was inserted by section 16(1) of the Growth and Infrastructure Act 2013. The words "in England" in section 15C(1) were repealed by section 53(2)(a)(i) of the Planning (Wales) Act 2015. The words "the relevant Schedule" were substituted for the words "Schedule 1A" in section 15C(1) by section 53(2)(a)(ii) of the Planning (Wales) Act 2015. The words "set out in the relevant Schedule" were inserted after the words "the Table" in section 15C(2) by section 53(2)(b) of the Planning (Wales) Act 2015. The words "appropriate national authority" were substituted for the words "Secretary of State" in sections 15C(3) to (5) by sections 53(2)(c) and (d)(i) of the Planning (Wales) Act 2015. The words "the relevant Schedule" were substituted for the words "Schedule 1A" in section 15C(5) by section 53(2)(d)(ii) of the Planning (Wales) Act 2015. Section 15C(9) was inserted by section 53(2)(e) of the Planning (Wales) Act 2015, and consists of the definition of "the relevant Schedule".


Section 22

This section gives effect to Schedule 2.


Section 23

Section 23(1) gives effect to Schedule 3.


Section 24

Section 24(2)(d) was repealed by section 17(a) of the Growth and Infrastructure Act 2013. Sections 24(2A) and (2B) were inserted by section 17(b) of the Growth and Infrastructure Act 2013. The words "made by the Secretary of State" in section 24(2A) were repealed by section 54(2) of the Planning (Wales) Act 2015. Section 24(2B) was repealed by section 54(3) of the Planning (Wales) Act 2015. The words "Diocesan Board of Finance for the diocese in which the land is situated" were substituted for the words "Church Commissioners" in section 24(9) by section 11 of the Church of England (Miscellaneous Provisions) Measure 2010 (No 1).


Part 2


Section 34

The words "the county court" were substituted for the words "a county court" in section 34(5) by paragraph 52 of Schedule 9 to the
Crime and Courts Act 2013 The Crime and Courts Act 2013 (c. 22) is an Act of Parliament of the Parliament of the United Kingdom introduced to the House of Lords in May 2012. Its main purpose is to create the United Kingdom National Crime Agency which replaced the Serious Or ...
.


Part 3


Section 41

The words "in whose area the land is situated" in section 41(1) were repealed by paragraph 70 of Schedule 9 to the Crime and Courts Act 2013.


Section 44

Section 44(1) gives effect to Schedule 4.


Part 4


Section 46

The words "the county court" were substituted for the words "a county court" in section 46(7)(a) by paragraph 52 of Schedule 9 to the Crime and Courts Act 2013.


Section 47

Section 47(1) repeals the
Commons Act 1285 The Commons Act 1285 (13 Edw 1 c 46) was an Acts of Parliament in the United Kingdom, Act of the Parliament of England. It was chapter 46 of the Statute of Westminster 1285, Statute of Westminster the Second. It was repealed for Ireland by secti ...
.


Section 48

This section repeals section 147 of the Inclosure Act 1845 and section 2 of the Gifts for Churches Act 1811, the second proviso to section 2 of the Schools Sites Act 1841 and the final proviso to section 1 of the Literary and Scientific Institutions Act 1854.


Section 49

Section 49(1) repeals section 31 of the
Commons Act 1876 The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons ...
.


Section 50

This section amends the Commons Act 1899.


Section 51

This section repeals section 68 of the Countryside and Rights of Way Act 2000.


Part 5


Section 52

This section gives effect to Schedule 5.


Section 53

This section gives effect to Schedule 6.


Section 56 - Commencement

The following orders have been made under this section:
The Commons Act 2006 (Commencement No. 1, Transitional Provisions and Savings) (England) Order 2006
(S.I. 2006/2504 (C. 84))
The Commons Act 2006 (Commencement No. 2, Transitional Provisions and Savings) (England) Order 2007
(S.I. 2007/456 (C. 17))
The Commons Act 2006 (Commencement No. 3, Transitional Provisions and Savings) (England) Order 2007
(S.I. 2007/2584 (C. 98))
The Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008
(S.I. 2008/1960 (C. 94))
The Commons Act 2006 (Commencement No. 5) (England) Order 2010
(S.I. 2006/61 (C. 10))
The Commons Act 2006 (Commencement No. 6) (England) Order 2011
(S.I. 2011/2460 (C. 88))
The Commons Act 2006 (Commencement No. 1 and Savings (England and Wales) and Commencement No. 5 (England) (Amendment)) Order 2010
(S.I. 2010/2356 (C. 114))
The Commons Act 2006 (Commencement No. 1, Transitional Provisions and Savings) (Wales) Order 2007
(S.I. 2007/2386 (W. 197) (C. 88))


Section 59

Section 59(3A) was inserted by section 16(3)(a) of the Growth and Infrastructure Act 2013. The words "made by the Secretary of State" were inserted after the words "order under section 15C(5)" in section 59(3A) by paragraph 8(2) of Schedule 7 to the Planning (Wales) Act 2015. The words "or (3A)" were inserted after the words "subsection (3)" in section 59(4) by section 16(3)(b) of the Growth and Infrastructure Act 2013. Sections 59(5) and (6) were inserted by paragraph 8(3) of Schedule 7 to the Planning (Wales) Act 2015.


Section 61

The words "Welsh Ministers" were substituted for the words "National Assembly for Wales" in the definition of "appropriate national authority" in section 61(1) by paragraph 9 of Schedule 7 to the Planning (Wales) Act 2015.


Schedule 1

The words "the Natural Resources Body for Wales" were substituted for the words "the Countryside Council for Wales" in paragraphs 1(1)(c) and (2) by paragraph 434 of Schedule 2 to the Natural Resources Body for Wales (Functions) Order 2013 (SI 2013/755) (W 90).


Schedule 1A

This Schedule was inserted by section 16(2) of, and Schedule 4 to, the Growth and Infrastructure Act 2013. The title of this Schedule was substituted by section 53(3) of the Planning (Wales) Act 2015. Paragraphs 4A and 4B in the Table were inserted by regulation 5(2) of the Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (SI 2017/276). Paragraphs 7A to 7D in the Table were inserted by article 3(4) of the Commons (Town and Village Greens) (Trigger and Terminating Events) Order 2014 (SI 2014/257). Paragraph 10 in the Table was inserted by article 3(5) of the Commons (Town and Village Greens) (Trigger and Terminating Events) Order 2014. The definition of "operational development" was inserted after the definition of "the 1990 Act" under the cross-heading "Interpretation" by article 3(6) of the Commons (Town and Village Greens) (Trigger and Terminating Events) Order 2014. Paragraphs 3 to 6 of the Notes to the Table were inserted by article 3(7) of the Commons (Town and Village Greens) (Trigger and Terminating Events) Order 2014.


Schedule 1B

This Schedule was inserted by section 53(3) of, and Schedule 6 to, the Planning (Wales) Act 2015.


Schedule 4

Paragraph 5, and the preceding cross heading, were repealed by section 52 of, and Schedule 3 to, the Church Property Measure 2018.


See also

* Commons Act *
Commons Registration Act 1965 The Commons Registration Act 1965 is an Act of Parliament in the United Kingdom enacted in 1965 that concerns the registration of rights to common land, town greens, and village greens in England and Wales. The legislation under the Harold W ...
* Countryside and Rights of Way Act 2000


References

*Macgregor (ed). "Commons Act 2006". Halsbury's Statutes of England and Wales. Fourth Edition. 2009 Reissue. Title "Land , Tenancies and Housing". Volume 24.


External links


The Commons Act 2006
as amended from the National Archives. Text was copied from this source, which is available under a
Open Government Licence v3.0
© Crown copyright.
The Commons Act 2006
as originally enacted from the National Archives. Text was copied from this source, which is available under a
Open Government Licence v3.0
© Crown copyright.
Explanatory notes
to the Commons Act 2006. {{UK legislation United Kingdom Acts of Parliament 2006 Common land in the United Kingdom