Office of Public Sector Information
Statutory Instruments
COMMONs, England
Made
3rd September 2007
Laid before Parliament
7th September 2007
Coming into force
1st October 2007
The Secretary of State, in exercise of the powers conferred by sections 39(6), 40 and 59(1) of the Commons Act 2006(1), makes the following Regulations:
1.—(1) These Regulations may be cited as the Works on Common Land, etc. (Procedure) (England) Regulations 2007 and come into force on 1st October 2007.
(2) These Regulations apply in relation to England only.
2.—(1) In Part 2 of these Regulations—
(a) regulations 5 to 17 apply to applications to the Secretary of State under section 38(1) of the 2006 Act for consent to carry out restricted works on common land; and
(b) regulations 18 and 19 apply to applications to the Secretary of State under section 39(5) of the 2006 Act to vary or revoke any modification or condition imposed in relation to a consent granted pursuant to an application under section 38(1).
(2) In Part 3 of these Regulations—
(a) regulation 20 applies to applications to the Secretary of State under article 12 of the Order set out in the Schedule to the 1967 Act(2);
(b) regulation 21 applies to applications to the Secretary of State under article 17 of the Order set out in the Schedule to the 1967 Act(3) in the case of any common;
(c) regulation 22 applies to applications to the Secretary of State under section 23(2) of the National Trust Act 1971(4); and
(d) regulation 23 applies to applications to the Secretary of State under section 15 of the New Parishes Measure 1943(5).
(3) In these Regulations—
“the 1967 Act” means the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967(6);
“ the 2006 Act” means the Commons Act 2006;
“common land” means land of a type specified in section 38(5) of the 2006 Act;
“the determining authority” means—
the Secretary of State, where he is exercising functions in relation to the determination of an application of any of the kinds referred to in paragraphs (1) and (2); or
a person who is exercising functions in relation to the determination of such an application pursuant to an appointment under regulation 3(1) (other than an inspector who is appointed to carry out a hearing, inquiry or site inspection but not to determine an application);
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(7);
“inspector” means—
where the Secretary of State is the determining authority, a person appointed by the Secretary of State to carry out a hearing, inquiry or site inspection;
where another person is the determining authority, the person who conducts a hearing, inquiry or site inspection;
“notice of application” means a notice containing the details specified in regulation 7(2).
3.—(1) The Secretary of State may appoint a person to exercise any or all of his functions in relation to—
(a) applications of all or any of the kinds referred to in paragraphs (1) and (2) of regulation 2; or
(b) one or more particular applications of any of those kinds.
(2) An appointment under paragraph (1) must be in writing.
(3) The Secretary of State may at any time, by giving notice in writing to a person appointed under paragraph (1) (an “appointed person”)—
(a) revoke the appointment generally;
(b) revoke the appointment insofar as it relates to a particular application which has not been determined by the appointed person before that time; or
(c) revoke the authority of the appointed person to exercise a particular function in relation to an application.
(4) A notice under paragraph (3) shall not affect the validity of anything done by the appointed person before the notice is given.
4. Any requirement imposed by or under these Regulations for a person to send a notice or document to another person may be met by means of an electronic communication if—
(a) it results in the information contained in that notice or document being available to the other person in a form similar to the form in which it would appear in a notice or document sent in printed form; and
(b) the other person consents to the notice or document being sent to him by those means.
2006 c.26. Section 61(1) contains definitions of “appropriate national authority” and “regulations”. Back [1]
1967 c.xxix, as amended by paragraph 2 of Schedule 4 to the 2006 Act. Sections 39 and 40 of the 2006 Act apply in relation to an application for consent under article 12(1) of the Order set out in the Schedule to the 1967 Act by virtue of article 12(2A) of that Order, as inserted by paragraph 2(3) of Schedule 4 to the 2006 Act. Back [2]
1967 c.xxix, as amended by paragraph 2 of Schedule 4 to the 2006 Act. Section 40 of the 2006 Act applies in relation to an application for consent under article 17(2) of the Order set out in the Schedule to the 1967 Act in the case of any common, by virtue of article 17(2A) of that Order, as inserted by paragraph 2(6) of Schedule 4 to the 2006 Act. Back [3]
1971 c. vi, as amended by paragraph 4 of Schedule 4 to the 2006 Act. Sections 39 and 40 of the 2006 Act apply in relation to an application under section 23(2) of the National Trust Act 1971 by virtue of section 23(2A) of that Act, as inserted by paragraph 4(3) of Schedule 4 to the 2006 Act. Back [4]
1943 No. 1, as amended by paragraph 5 of Schedule 4 to the 2006 Act. Sections 39 and 40 of the 2006 Act apply in relation to an application for consent under section 15 of the New Parishes Measure 1943, by virtue of that section as so amended. Back [5]
1967 c.xxix, as amended by paragraph 2 of Schedule 4 to the 2006 Act. Back [6]
2000 c.7. The definition of “electronic communication” was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 158. Back [7]
The Works on Common Land, etc (Procedure) (England) Regulations 2007