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Implementation

The Commons Bill received Royal Assent on 19 July 2006. The Commons Act will protect our Photo of Jugger Howe Moorcommon land for current and future generations, and deliver real benefits in terms of sustainable farming and biodiversity. The implementation of the Act will begin immediately, and will be rolled out over a number of years.

Implementation of the Act in England will be 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. For further information see:

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 commons.villagegreens@defra.gsi.gov.uk if you wish to be added to the mailing list.

All implementation updates are available below as pdfs that can be read using Adobe Acrobat Reader.

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 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, will 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, will 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:

  • 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)

An explanatory note of all the provisions commenced or now in force, is available below:

 

Page last modified: 25 June 2008
Page published: 5 February 2003

Department for Environment, Food and Rural Affairs