Consultation on the Brendon Commons Council Establishment Order

Overview

Consultation to establish whether there is substantial support for the order which would establish the Brendon Commons Council.

Why your views matter

Section 27 of the Commons Act 2006 sets out the process for establishing commons councils. It requires the Secretary of State (for Defra) to consult on a draft order. The order can only be made where substantial support is shown for it.

When considering responses to the consultation, the Secretary of State must have particular regard to responses from particular persons because they have a legal interest in the land and/or would likely participate in the running of the commons council. Those persons are:

- persons with a right over, or who occupy, the common (other than rights of common);

- persons who have rights of common over the common; and

- persons who have a legal function related to the maintenance or management of the common.

What happens next

If substantial support is shown for the order, then the Secreaty of State will make it and then lay it in Parliament. Provided the order isn't preyed against (i.e. an MP objects to it), then the order would come into force on 1 January 2014 and empower the Secretary of State to appoint a returning officer. The returning officer essentially does all the preparatory work prior to the appointed day (1 April 2014 - this is the day on which the Brendon Commons Council would legally exist), which includes arranging and holding elections and appointments. This would ensure that the Brendon Commons Council would be able to operate properly from day one of its existence.