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Commons Act 2006

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This is the original version (as it was originally enacted).

55Power to amend enactments conferring functions on national authorities

This section has no associated Explanatory Notes

(1)A national authority may by order amend or repeal any provision of a local or personal Act passed before this Act which applies to common land for any of the following purposes—

(a)to remove any function of the national authority which relates to the common land;

(b)to transfer such a function from the national authority to another person;

(c)to remove a requirement that the national authority be consulted, or that its consent be obtained, in respect of—

(i)any act or omission relating to the common land; or

(ii)any act or omission of a person concerned with the management of the common land;

(d)to substitute for a requirement referred to in paragraph (c) a requirement that a person other than the national authority be consulted, or his consent obtained, in relation to the act or omission.

(2)In subsection (1), “common land” means—

(a)any land registered as common land or as a town or village green;

(b)any land referred to in section 5(2); and

(c)any land not falling within paragraph (a) or (b) which is subject to a scheme under the Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30).

(3)A national authority may by order amend or repeal any provision of an Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners for any of the following purposes—

(a)to remove any function of the national authority which relates to land to which the Act applies;

(b)to transfer such a function from the national authority to another person;

(c)to remove a requirement that the national authority be consulted, or that its consent be obtained, in respect of—

(i)any act or omission relating to land to which the Act applies; or

(ii)any act or omission of a person concerned with the management of such land;

(d)to substitute for a requirement referred to in paragraph (c) a requirement that a person other than the national authority be consulted, or his consent obtained, in relation to the act or omission.

(4)In this section “national authority” means—

(a)the Secretary of State; and

(b)the National Assembly for Wales.

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