Search Legislation

Advanced Search

The Works on Common Land (Exemptions) (England) Order 2007

Status:

This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies in relation to England only, prescribes exemptions to the prohibition in section 38(1) of the Commons Act 2006 on the carrying out, without the consent of the Secretary of State, of any restricted works on land to which that section applies.

Exemptions are prescribed (article 2 and Schedule 1) which, subject to certain conditions, allow specified persons to erect temporary fencing for the purposes of (a) restricting the movement of animals which are grazing on the land, (b) allowing recovery of vegetation, and (c) nature conservation. An exemption is also prescribed for the installation, in certain circumstances, of permanent regularly spaced obstacles (such as bollards or stones) to prevent or restrict vehicular access to common land.

Where works are carried out pursuant to an exemption contained in this Order, there are requirements for a notice to be displayed at the site of the works and for notification to be given to the Secretary of State (article 4 and Schedule 2).

The exemptions only apply in relation to registered common land (article 2), and not in relation to other classes of land to which section 38 applies. Nothing in this Order authorises any person to carry out works which are prohibited by any other enactment or rule of law, nor exempts any person from complying with any other requirement to obtain consent or permission which may exist independently from section 38.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources