Horseytalk.net/Hoofbeat EXCLUSIVE
RIDER RIGHTS
BRIEFING
WORKS ON COMMON LAND
SECTION 41 ENFORCEMENT
Says Tony Barnett
ITEM 196 ; CONTRAVENTION OF THE CONTROLS ON WORKS IN SECTION 38 LEAVES THE WORKS OPEN TO CIVIL ENFORCEMENT ACTION, AS SET OUT IN SECTION 41, BUT NOT TO CRIMINAL PROSECUTION.
UNDER SECTION 194 OF THE LAW OF PROPERTY ACT 1925 (REPEALED IN 2006), ONLY CERTAIN PERSONS, SUCH AS LORDS OF THE MANOR, COMMONERS AND LOCAL AUTHORITIES MAY SEEK AN ORDER OF THE COURTS TO ENFORCE AGAINST BREACH OF THE REQUIREMENTS FOR CONSENT UNDER THAT SECTION.
SINCE THE 2006 COMMONS ACT, PASSED BY A PARLIAMENTARY BILL IN 2005, AND GIVEN ROYAL ASSENT IN 2006, SUBSECTION (1) ENABLES ANY PERSONS TO ACT WITH LOCUS STAN-DI, TO APPLY TO A COUNTY COURT FOR AN ORDER IN RESPECT OF A BREACH OF THE REQUIREMENT FOR CONSENT TO WORKS UNDER SECTION 38.
SUBSECTION (2) SPECIFIES THE ORDERS WHICH A COUNTY COURT MAY MAKE, WHERE NO CONSENT HAS BEEN GIVEN ( UNDER LAWFUL APPLICATIONS) BY THE APPROPRIATE NATIONALO AUTHORITY, THE COURT MAY MAKE AND ORDER FOR THE REMOVAL OF WORKS AND RESTORATION OF LAND TO ITS PREVIOUS CONDITION.
WHERE CONSENT HAS BEEN GIVEN BUT THE WORKS HAVE NOT BEEN CARRIED OUT IN ACCORDANCE WITH ITS TERMS( FALSE REPRESENTATION), THE COURT MAY EITHER ORDER THAT THE WORKS SHOULD BE MODIFIED TO CONFORM TO THE CONSENT, OR THAT THE WORKS BE REMOVED AND THE LAND RESTORED TO ITS PREVIOUS CONDITION.