SCHEDULE 4 Works: Supplementary

SCHEDULE 4 Works: Supplementary

Section 44

Metropolitan commons

1

In section 5 of the Metropolitan Commons Act 1866 (c 122) (prohibition on inclosure), after “inclosure of a metropolitan common†insert “which is under the control and management of a London borough councilâ€.

2

(1)     The Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c xxix) is amended as follows.

(2)     In article 12 (restriction on powers in relation to commons), in paragraph (1) omit “(which consent the Minister may give in such cases as he thinks fit)â€.

(3)     In that article, after paragraph (2) insert—

“(2A)     Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under paragraph (1) as they apply in relation to an application for consent under section 38(1) of that Act.

(2B)     Section 41 of that Act applies in relation to the carrying out of works in contravention of paragraph (1) as it applies to works carried out in contravention

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