The Commons Act 2006 (Commencement No. 4) (Wales) Order 2017

Made: 9 April 2017

The Welsh Ministers make the following Order in exercise of the powers conferred upon the appropriate national authority by section 56(1) of the Commons Act 2006[^f00001]:

Title, interpretation and application

1

• (1) The title of this Order is the Commons Act 2006 (Commencement No. 4) (Wales) Order 2017.

• (2) In this Order—

• “the 1965 Act” (“Deddf 1965”) means the Commons Registration Act 1965[^f00002]; and

• “the 2006 Act” (“Deddf 2006”) means the Commons Act 2006.

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

Provisions coming into force

2

The following provisions of the 2006 Act come into force on 10 April 2017—

• (a) section 19(1) to (5) and (7) (correction); and

• (b) paragraphs 1, 2(1) and (2)(a) to (c), 3(1) and (2)(a) to (d), 4(1) to (5), 5(1), 5(2), 6(1), 6(2), 7(1), 7(2), 8(1), 8(2) and 9(1) to (3) of Schedule 2 (non-registration or mistaken registration under the 1965 Act).

Provisions coming into force for all remaining purposes

3

The following provisions of the 2006 Act come into force for all remaining purposes on 10 April 2017—

• (a) section 19(6) (correction);

• (b) section 22 (non-registration or mistaken registration under the 1965 Act); and

• (c) paragraphs 2(2)(d) and (3), 3(2)(e) and (3), 4(6), 5(3), 6(3), 7(3), 8(3), 9(4) and 10 of Schedule 2 (non-registration or mistaken registration under the 1965 Act).

Signed

Lesley Griffiths — Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers — 9 April 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force on 10 April 2017 section 19 (correction) and section 22 of (non-registration or mistaken registration under the 1965 Act) and Schedule 2 (non-registration or mistaken registration under the 1965 Act) to the Commons Act 2006 (“the 2006 Act”) in relation to Wales.

Article 2 of this Order brings into force the provisions of the 2006 Act cited in that article.

Article 3 of this Order brings into force for all remaining purposes provisions which relate to correction and non-registration or mistaken registration under the 1965 Act. Further information on the provisions brought into force by this Order can be found in the Explanatory Notes to the 2006 Act, which can be viewed at www.legislation.gov.uk.

Footnotes

[^f00001]: 2006 c. 26; section 61(1) was amended by Schedule 7, para. 9 of the Planning (Wales) Act 2015, c. 4, and defines “appropriate national authority” as the Welsh Ministers in relation to Wales.

[^f00002]: 1965 c. 64.

Editorial notes

[^key-edddadf6b1be10974ff7efe10b320b45]: Art. 1 in force at made date

[^key-43408e53e8097d153de17b8024b5cc38]: Art. 2 in force at made date

[^key-fb2d51b04ede80d760bf05692baefa58]: Art. 3 in force at made date

[^key-7616eeea407952e3c34a4245e6ba352f]: Art. 4 added (20.9.2017) by The Commons Act 2006 (Commencement No. 5 and Transitional Provisions (Wales) and Commencement No. 4 (Wales) (Amendment)) Order 2017 (S.I. 2017/933), art. 5(1)(2)

Extension of application of sections 19 and 22 of, and Schedule 2 to, the 2006 Act

4

• (1) In relation to any area in Wales, references in sections 19 and 22 of, and Schedule 2 to, the 2006 Act and any regulations made under those provisions, to a register of common land or town or village greens are, until the coming into force of section 1 of the 2006 Act in relation to that area, to be taken as references to such a register maintained under sections 1 and 3 of the 1965 Act.

• (2) In relation to any area in Wales, sections 19 and 22 of, and Schedule 2 to, the 2006 Act and any regulations made under those provisions, are, until the coming into force of section 1 of the 2006 Act in relation to that area, to apply as if, in section 61(2)(b) of the 2006 Act, for the words “Part 1 of this Act” there were substituted “sections 1 and 3 of the Commons Registration Act 1965”.