Commentary

59 Power to exempt

COMMONS vol 6(1)B
COMMONS vol 6(1)B | Commentary

59 Power to exempt

COMMONS vol 6(1)B | Commentary

59 Power to exempt

The Secretary of State1 may make an order exempting a person, including a body such as a local authority, from the need to obtain consent for specified works2. Any exemption order is subject to the negative resolution procedure3. Where a generic exemption is to be issued, the Secretary of State must be satisfied that the works are likely to be necessary or expedient for any of those purposes on any land or on land of the type in question4.

If the land is already exempted either because the rights of common have been extinguished under statute5 (such

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