Citation, commencement and application

1. —(1) This Order may be cited as the Commons (Severance of Rights) (England) Order 2006, and shall come into force on 9th September 2006 but shall have effect as from 28 th June 2005.

(2) This Order applies in relation to England.

Temporary severance of right of common

2. —(1) A right of common to graze animals to which section 9(1) of the Commons Act 2006 applies may be temporarily severed from the land to which it is attached—

(a) by leasing or licensing the right of common on its own, provided that the period of the lease or licence does not exceed two years; or

(b) by leasing or licensing the land, or part of the land, to which the right of common is attached, without the right of common.

(2) Where a right of common is temporarily severed from any land pursuant to paragraph (1)(b), any disposal of the retained right of common on or after the grant of the lease or licence of the land and before its termination shall be of no effect unless—

(a) the disposal is made to the grantee of the lease or licence of the land; and

(b) the disposal is made for a period expiring not more than two years from the expiry of the lease or licence of the land.

(3) References in this article to a right of common, in relation to a right of common to graze more than one animal, include a right to graze a proportion of the number of animals that may be grazed by virtue of that right of common.