The Commons Act 2006 (Commencement No. 6) (England) Order 2011

Made: 10th October 2011

The Secretary of State, in exercise of the powers conferred by sections 56(1) and 59(1) of the Commons Act 2006[^f00001], makes the following Order.

Citation, interpretation and application

1

• (1) This Order may be cited as the Commons Act 2006 (Commencement No. 6) (England) Order 2011.

• (2) In this Order “the pilot areas” means the registration areas in England, as at 1st October 2008, of the commons registration authorities specified in the Schedule to the Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008[^f00002].

• (3) This Order applies in relation to England.

Commencement of provisions

2

The following provisions of the Commons Act 2006 come into force on 31st October 2011—

• (a) in Schedule 5 (minor and consequential amendments) —

• (i) the entries in paragraphs 1, 2 and 5; and

• (ii) in relation to the pilot areas, the entries in paragraphs 3, 6(b), 7(2) to (4) (and 7(1) in so far as it relates to paragraph 7(2) to (4)), and 8; and

• (b) section 52 in so far as it relates to those entries.

Transitional provision

3

• (1) Paragraph (2) applies in relation to any relevant land before the commencement of section 1 of the Commons Act 2006 in respect of the land in question.

• (2) In the provisions mentioned in paragraph (3), as they apply in relation to such land, the references to a register kept under Part 1 are to be read as referring to the appropriate register maintained under section 3(1) of the Commons Registration Act 1965[^f00003].

• (3) The provisions referred to in paragraph (2) are —

• (a) the definitions of “common land” in —

• (i) section 9(6) of the Countryside Act 1968[^f00004];

• (ii) section 11 of the Animals Act 1971[^f00005]; and

• (iii) section 61(9) of the Criminal Justice and Public Order Act 1994[^f00006]; and

• (b) the definition of “town or village green” in section 11 of the Animals Act 1971.

• (4) In this article —

• (a) “Part 1” means Part 1 of the Commons Act 2006; and

• (b) “relevant land” means land in England to which Part 1 applies[^f00007].

Signed

Richard Benyon — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 10th October 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force on 31st October 2011—

• (a) in relation to England, the amendments made by paragraphs 1, 2 and 5 of Schedule 5 to the Commons Act 2006 (c. 26);

• (b) in relation to the pilot areas (as specified in the Schedule to S.I. 2008/1960) only, the amendments made by paragraphs 3, 6(b), 7(2) to (4), and 8 of Schedule 5.

Footnotes

[^f00001]: 2006 c. 26; section 61(1) defines the “appropriate national authority” as the Secretary of State in relation to England.

[^f00002]: S.I. 2008/1960 (C. 94).

[^f00003]: 1965 c. 64.

[^f00004]: 1968 c. 41; the definition of “common land” is substituted by paragraph 1 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order.

[^f00005]: 1971 c. 22; the definition of “common land”, and that of “town or village green” referred to in paragraph (3)(b) of this article, are substituted by paragraph 2 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order.

[^f00006]: 1994 c. 33; the definition of “common land” is substituted by paragraph 5 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order. The definition of “land” was amended by paragraph 17 of Schedule 5 to the Countryside and Rights of Way Act 2000 (c. 37).

[^f00007]: Section 5 of the Commons Act 2006 defines the land to which Part 1 of the Act applies.