Commentary on Sections Functions of commons councils Section 35 Rules: supplementary
179.Section 35 makes further provision in relation to the making of rules by a commons council. Subsection (2) enables an order under section 26 establishing a commons council to make provision for the procedure to be adopted in the exercise of the power to make rules. It is expected that orders under section 26 which confer a power to make rules will require draft rules to be approved by the appropriate national authority before coming into force, and will also include requirements about the publication by commons councils of draft rules for consultation, publicising rules which have been made, and ensuring they are available for inspection.
180.The power given to the appropriate national authority in subsection (3) to revoke any rule made by a commons council is subject to subsections (4) and (5), which require the appropriate national authority to give reasons for revoking a rule, and to consult with the commons council (and other persons as appropriate) before doing so.