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ARCHIVE: How is the Commons Act implemented?
Implementation of the Commons Act 2006 in England is being organised around four themes: registration; management; works; and town and village greens. The National Assembly for Wales will be responsible for implementing the Act in Wales.
Implementation updates
The Common Land team sends out regular emails to all stakeholders, updating them on recent implementation progresses and any future dates. Please contact us at commonsandgreens@defra.gsi.gov.uk if you wish to be added to the mailing list.
Read the latest implementation update -
Inside this issue:
- Abolition of the Commons Commissioners
- Improved guidance on registration of new town and village greens
National Common Land Stakeholder Group
Defra has established a National Common Land Stakeholder Group which will advise on matters relating to the management of commons and particularly the implementation of the Commons Act. The group will also help us build and achieve consensus between stakeholders on matters of national interest, like managing priority wildlife habitats.
Commencement Orders
Most provisions of the Commons Act 20006 (sections 1-8 and 10-53, and Schedules 2-6) are to be brought into force by order made by the Secretary of State in relation to England, or by the National Assembly for Wales in relation to Wales.
Sections 9 and 57 and Schedule 1 (severance) are deemed to have come into force on 28 June 2005.
Sections 54 and 55 came into force on 19 September 2006, so that the powers conferred by those sections are exercisable after that date.
Sections 56 and 58-63 came into force on Royal Assent (19 July 2006).
Commencement order number 1 (England and Wales)
Defra and the Welsh Ministers have made a commencement order which brings into force certain repeals in the Commons Act 2006 as regards the Commons Registration Act 1965, so as to abolish the system of provisional registration, and the determination of provisional registrations by the Commons Commissioners. The commencement order also abolishes the office of the Commons Commissioners, by repealing provision for the Commissioners in the 1965 Act, and amends the arrangements in commencement order no.5 for commons councils.
- The Commons Act 2006 (Commencement No. 1 and Savings (England and Wales) and Commencement No. 5 (England) (Amendment)) Order 2010
- List of provisions commenced to date (PDF 156KB)
- Section 45 (re-enacted power of local authorities over unclaimed common land and greens)
- Section 51 (repeal of power to apply for statutory easements for vehicular access across common land etc.)
- Partial repeal of section 13(a) of Commons Registration Act 1965 (power to apply to voluntarily de-register common land and town or village greens)
- Paragraph 6 Schedule 4 (enables any person to enforce against unlawful works constructed after 28 June 2005)
- The Commons Act 2006 (Commencement No. 1, Transitional Provisions and Savings) (England) Order 2006
- Commencement Order No. 1: explanatory note of provisions commenced to date (PDF 38KB)
Commencement order no. 5
Defra has made a fifth commencement order which brings into force Part 2 of the Act in relation to England with effect from 20 January 2010. Part 2 provides for the establishment of commons councils, their status and constitution, and their functions, together with supplementary provisions.
Further information is available on our commons councils page.
Commencement order no. 4
Defra has made a fourth commencement order which brings into force Part 1 of the Act in relation to seven pilot registration authority areas in England, together with section 46 of the Act throughout England, with effect from 1 October 2008.
Further information about the pilot implementation is available on our registration page.
Commencement order no. 3
Defra has made a third commencement order which brings into force sections 16 and 17 and part 3 of the Act, and other ancillary provisions, with effect from 1 October 2007.
These provisions, and regulations made under them, enable applications for deregistration and exchange of registered common land and town or village green under sections 16 and 17, and for consent to works under section 38.
Commencement order no. 2
Defra has made a second commencement order which brings into force sections 4, 5, 15 and 24 of the Act, and other ancillary provisions, with effect from 6 April 2007.
These provisions, and regulations made under section 24, enable applications for the registration of new town or village greens to be brought under section 15.
Commencement order no. 1
Defra has made the first commencement order which brings into force certain provisions (generally ancillary) of the Act with effect from 1 October 2006.
The provisions include:
An explanatory note of all the provisions commenced or now in force, is available below:
Page last modified: 14 October 2010
Page published: 23 October 2008