Commons Management Act 1989

If the Minister is, after hearing a complaint lodged under section 50 or after receiving a report of the findings of the Secretary in accordance with section 52, satisfied that the complaint is justified, the Minister must uphold the complaint, but if not so satisfied, the Minister must dismiss the complaint.

If a complaint relating to a trust, or the trust board or local authority that is managing the trust’s affairs, is upheld, the Minister may:

require the trust, board or authority to refrain from acting in a manner that is inconsistent with:

this Act, or

any management plan that is in force with respect to the common concerned, or

a decision taken at a general meeting of the commoners, or

require the trust, board or authority:

to carry out a requirement of this Act or of any such management plan, or

to give effect to a decision so taken, or

quash any decision of the trust that is contrary to this Act, or any such management plan, or

give directions as to the manner in which the affairs of the trust must be managed in future.

The determination of the Minister with respect to a complaint lodged under section 50 is final and binding on the complainant and on the trust, or the trust board or local authority, concerned in the complaint.

If a requirement has been made, or a direction has been given, under subsection (2), the trust, or the trust board or local authority, concerned in the complaint must comply with the requirement or direction within such period as the Minister notifies in writing to that trust, board or authority.

If a trust, trust board or local authority contravenes subsection (4), every member of the board or authority who is in default is guilty of an offence.