The Dartmoor Commons (Authorised Severance) Order 2008

Made: 21st July 2008

Laid before Parliament: 24th July 2008

Coming into force: 1st October 2008

The Secretary of State, in exercise of the powers conferred by paragraph 1(5) of Schedule 1 to the Commons Act 2006, makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Dartmoor Commons (Authorised Severance) Order 2008 and comes into force on 1st October 2008.

• (2) In this Order—

• “the 1985 Act” means the Dartmoor Commons Act 1985;

• “the commons” has the same meaning as in the 1985 Act; and

• “the Dartmoor Commoners’ Council” means the Council constituted by section 3 of the 1985 Act.

Dartmoor Commoners’ Council to be regarded as a commons council for certain purposes

2

For all purposes of paragraph 1 (severance by transfer to public bodies) of Schedule 1 to the Commons Act 2006, the Dartmoor Commoners’ Council is to be regarded as a commons council established for the commons.

Signed

Jonathan Shaw — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 21st July 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides that the Dartmoor Commoners Council is to be regarded as a commons council for the purposes of paragraph 1 (severance by transfer to public bodies) of Schedule 1 to the 2006 Act. The Order enables the Council, in relation to Dartmoor commons—

• (a) to acquire rights of common by a transfer which operates as a permanent severance of the rights of common from the land to which they are currently attached; and

• (b) to veto any acquisition of rights of common by Natural England.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes