Commentary on Sections Commons councils: supplementary Section 37 Variation and revocation of establishment orders
185.Section 37 describes the procedure to be followed where the appropriate national authority wishes to wind up a commons council because it is no longer operating effectively. Subsection (1) identifies three different situations which could lead to a commons council being wound up. Subsection (2) clarifies that a council may only be wound up through making an order under section 26. This requires the same procedure to be followed by the appropriate national authority as applies to establishing a council, to ensure that there is consultation with local interests and substantial support for the order to wind up a council. Such an order must also make provision for dealing with any liabilities and assets of the council, and provision for amending enactments that may have been amended previously as a result of the establishment of the council.