The Bodmin Moor Commons Council Establishment Order

Closed 13 Apr 2015

Opened 13 Mar 2015

Overview

Consultation on whether there is substantial support for the Order which would establish the Bodmin Moor Commons Council.

Why We Are Consulting

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 people who 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

The consultation will run during the pre-election period (Purdah). Therefore the next Government would be responsible for deciding whether to make the Bodmin Moor Commons Council Establishment Order.

If the Order is made, it would then be laid in Parliament. Provided the Order isn't preyed against (i.e. an MP objects), it would come into force on 1 September 2015 and empower the Secretary of State to appoint a returning officer. The returning officer is responsible for arranging and supervising the first elections and appointments to the Council prior to the appointed day (1 March 2016 - this is the day on which the Bodmin Moor Commons Council comes into existence). This is to ensure that the Council is properly constituted from day one of its existence.

Audiences

  • Farmers

Interests

  • Natural environment
  • Single Payment Scheme (SPS)
  • Land management
  • Environmental Stewardship
  • Uplands
  • Areas of Outstanding Natural Beauty
  • Common land