Statutory Commons Councils
Part 2 of the Commons Act 2006 provides for the establishment of statutory commons councils, with powers to manage the agricultural activities, vegetation and rights of common on common land. At present there is a lack of effective mechanisms for managing agricultural activity, in particular grazing, on commons. The result has been poor management of agricultural activity on many commons leading to deterioration of the resource base and, in some cases, to over-grazing and consequent damage to the soil and vegetation.
Before we can bring Part 2 of the Commons Act 2006 into force, we need to look at how commons councils will be established in practice, to ensure that they operate effectively. Defra will be issuing a formal consultation this Summer to help consider these provisions and is currently looking at bringing this part of the Act into force in Spring 2009. Further developments will be published on this webpage.
Government cannot impose commons council where there is no local support for setting one up — we want to work with the grain, not against it. Instead, the Commons Act allows them to be set up, to encourage improved local management of commons where there is a local desire to do so.
As such the Act has no compulsory effect on existing bodies such as voluntary commoners’ associations. Where a commons council is set up on a single or small number of commons, it could take over the role of an existing voluntary association, but that would be a matter for local decision. If there is already an effective body in place there may be no local need, or desire, for a commons council.
By establishing commons councils, commoners, owners of common land and other interests will be able to work together to manage agricultural activities, vegetation, and common rights to meet the varied demands made on common land across the country. Commons councils will also be able to enter into agri-environment agreements and be able to secure compliance with the conditions of such agreements through their rulemaking function. This enables a commons councils to make legally binding rules on all those using a common for agricultural purposes, which may be enforced through the courts where non-compliance occurs.
The Secretary of State can only establish a commons council where there
is substantial support to do so, having particular regard to the views
of those with a legal interest in the common (such as commoners and landowners).
Below are drafts of the statutory instruments that the Secretary of State
may make when establishing commons councils under Part 2 of the Commons
Act and a question and answer factsheet [PDF] (43 KB).
The first of these is a draft standard constitution which would apply to every council. Many of the basic provisions relating to administrative procedures will appear in this standard constitution.
The second is a specimen draft establishment order that would be specific to each different council established. This order contains provisions as to the membership and functions of a particular council, representation of different interests and voting mechanisms. It specifies the area in respect of which the council is set up, as a council may cover one or more commons. It can also specify individual constitutional terms for that council and, if necessary, vary any of the terms of the standard constitution replacing them with alternatives more suited to the local circumstances.
This approach of establishing commons councils through two orders reduces the effort required to develop a constitution through providing a set of standard terms that are likely to apply to most commons councils, whilst at the same time retaining the flexibility to make specific provision for local circumstances affecting each individual council. Defra stresses that each of the establishment orders will differ according to the varying functions and needs of each common and council. The example in the draft establishment order below includes some of the provisions any particular council may want and is by no means a complete picture of all of the elements that a council may wish to have. The Secretary of State will consult widely before any orders are made.
Please note that the following draft instruments refer to "commons associations" instead of "commons councils" but should be taken as referring to the latter. Defra will be publishing revised draft orders as part of its consultation on implementing the commons council provisions.
- Factsheet on Commons Councils [PDF] (43 KB)
- Draft standard constitution [PDF] (19 KB)
- Specimen draft establishment order [PDF] (27 KB)
Page last modified:
12 June 2008
Page published: 5 February 2003