The Commons Act 2006 (Commencement No. 5 and Transitional Provisions (Wales) and Commencement No. 4 (Wales) (Amendment)) Order 2017

Made: 18 September 2017

The Welsh Ministers make the following Order in exercise of the powers conferred upon the appropriate national authority by sections 56(1) and 59(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. 5 and Transitional Provisions (Wales) and Commencement No. 4 (Wales) (Amendment)) 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 20 September 2017—

• (a) section 20(1) (inspection); and

• (b) section 21(1) (official copies).

Provisions coming into force for all remaining purposes

3

The following provisions of the 2006 Act come into force for all remaining purposes on 20 September 2017—

• (a) section 20(2) and (3) (inspection); and

• (b) section 21(2) and (3) (official copies).

Transitional provisions

4

• (1) In relation to any area in Wales, references in sections 20(1) and 21(1) of the 2006 Act 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 20 and 21 of 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”.

Amendment of the Commons Act 2006 (Commencement No. 4) (Wales) Order 2017

5

• (1) With effect from 20 September 2017, the Commons Act 2006 (Commencement No. 4) (Wales) Order 2017[^f00003] is amended as follows.

• (2) After article 3 add—

(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”.

Signed

Lesley Griffiths — Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers — 18 September 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 brings sections 20(1) and 21(1) of the Commons Act 2006 (“the 2006 Act”) into force in relation to Wales. Article 3 brings the remainder of sections 20 and 21 of the 2006 Act fully into force in relation to Wales. These sections make provision for the inspection of the registers of common land and town and village greens held by commons registration authorities in Wales, and other documents, and for the production of official copies. Article 4 contains transitional provisions.

The Order also amends the Commons Act 2006 (Commencement No. 4) (Wales) Order 2017 (S.I. 2017/564 (W. 133) (C. 51)) so as to extend the application of sections 19 and 22 of, and Schedule 2 to, the 2006 Act. Sections 19 and 22 of, and Schedule 2 to, the 2006 Act relate to the correction of registers and to non-registration or mistaken registration under the 1965 Act. By virtue of this amendment, the commencement of sections 19 and 22 of, and Schedule 2 to, the 2006 Act is extended to any area in Wales where, until such time as section 1 of the 2006 Act is commenced in respect of it, registration is still effected under the Commons Registration Act 1965. This extension of the application of sections 19 and 22 of, and Schedule 2 to, the 2006 Act has effect from 20 September 2017.

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, paragraph 9 of the Planning (Wales) Act 2015 (anaw 4), and defines “appropriate national authority” as the Welsh Ministers in relation to Wales.

[^f00002]: 1965 c. 64.

[^f00003]: S.I. 2017/564 (W. 133) (C. 51).