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24 Procedure for making regulations
| (1) | Sections 236 and 238 of the 1972 Act (which respectively relate to the procedure for making byelaws by local authorities and provide for the proof of byelaws in legal proceedings) shall apply to regulations made by the Commission under this section as they apply to byelaws made by a district council, as if—
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| (a) | references to byelaws were references to regulations under this section;
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| (b) | references to a district council were references to the Commission;
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| (c) | references to the area to which the byelaws are to apply were references to the Common and any other land to which the regulations apply; and
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| (d) | references to the proper officer of a district council were references to a person appointed for that purpose by the Commission;
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| | and the confirming authority for the purposes of section 236 of that Act shall be the Secretary of State.
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| (2) | Not less than 28 days before making application to the Secretary of State for confirmation of regulations under this section, the Commission shall serve a copy of the regulations and of this section on every commoner registered on the register.
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| (3) | If any written representations are served on the Commission by any such commoner before the expiry of the period of 28 days beginning with the date of the service of the notice, and not withdrawn, the Commission shall send a copy of the representations to the Secretary of State with the application for confirmation of the regulations.
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| (4) | The Secretary of State shall take account of any such representations in deciding whether to confirm the regulations.
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25 Appointment of reeves
| (1) | The Commission shall appoint such persons as it thinks necessary to act as reeves for the purpose of enforcing or securing compliance with regulations made under section 23 (Regulations as to management of commoners' rights) above.
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| (2) | Any person so appointed and acting pursuant to this section shall carry a warrant issued by the Commission as to that appointment and shall produce the same if required.
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26 Register to be maintained by Commission
| (1) | As soon as reasonably practicable after the appointed day, the Commission shall prepare a register of commoners in accordance with this section; and shall subsequently maintain that register.
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| (2) | There shall be recorded in the register the following particulars—
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| (a) | the name and address of each person who, as provided by section 4 (Rights of common) or section 5 (Restoration of extinguished rights of common) above or section 34 (Disposals of rights of common) below, is entitled to graze an animal or animals on the Common and who exercises that right at any time during the year;
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| (b) | the name and address of each person who, as provided by section 4 or 5 above or section 34 below, is entitled to exercise any other right of common on the Common and who exercises that right at any time during the year;
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| (c) | the name and address of any person who, as provided by section 4 or 5 above or section 34 below, is entitled to graze an animal or animals on the Common but does not exercise that right and who applies to be entered in the register in accordance with subsection (6) below;
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| (d) | the name and address of any person who, as provided by section 4 or 5 above or section 34 below, is entitled to exercise any other right of common on the Common but does not exercise that right and who applies to be entered in the register in accordance with subsection (6) below;
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| (e) | as respects each person falling within paragraph (a), (b), (c) or (d) above, a description of the land to which the right of common concerned is appurtenant;
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| (f) | as respects each person falling within paragraph (a) above, the number of animals which for the time being that person grazes on the Common and the mark, tag or other method by which the ownership of those animals may be identified;
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| (g) | as respects each person falling within paragraph (c) above, the number of animals which that person is entitled to graze on the Common;
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| (h) | where two or more persons are commoners by virtue of a joint holding and have applied under subsection (7) below for one of their number or a relative to be recorded as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act, the name of that last mentioned person;
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| (i) | where a person entered in the register has applied under subsection (8) below for a relative to be recorded as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act, the name of that relative; and
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| (j) | such other particulars in relation to each registered commoner as the Commission thinks fit.
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| (3) | The secretary of the Commission may, after giving written notice to any person who is recorded in the register, make such amendments to any registered particulars relating to that person as the Commission considers to be necessary (including, if the secretary considers that that person is no longer a commoner, the deletion of the entry relating to that person).
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| (4) | Any commoner who has grazed an animal or animals, or who has exercised any other rights of common, on any part of the Common in the period of 12 months ending on the appointed day shall, within the period of 28 days beginning with the appointed day, apply to the secretary of the Commission to be registered and give the secretary of the Commission such particulars as are reasonably required to be recorded in the register.
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| (5) | After the appointed day, any other person who—
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| (a) | is not for the time being registered under subsection (2)(a) or (b) above (as the case may be);
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| (b) | is entitled as provided by section 4 or 5 above or section 34 below to exercise a right of common on the Common; and
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| (c) | proposes to exercise that right,
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| | shall not less than 28 days before exercising that right apply to the secretary of the Commission to be registered and shall give the secretary such particulars as are reasonably required to be recorded in the register.
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| (6) | Any person falling within subsection (2)(c) or (d) above, may apply to the secretary of the Commission to be entered in the register as a commoner and, on giving the secretary such particulars as are reasonably required to be recorded in the register, shall be entitled to be so registered.
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| (7) | Where two or more persons are commoners by virtue of a joint holding, they may from time to time jointly nominate one of their number, or a relative of any one of them, as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act, and may apply for the nomination to be recorded in the register.
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| (8) | A person who is entered in the register may from time to time nominate a relative as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act in respect of the relevant rights of common; and may apply for the nomination to be recorded in the register.
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| (9) | A relative nominated and recorded in the register as entitled to vote under subsection (7) or (8) above shall be entitled to vote and eligible for nomination for election under Schedule 1 (Appointment and election of Commissioners) to this Act until—
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| (a) | the nomination is withdrawn; or
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| (b) | the person entered in the register as a commoner ceases to be a commoner or, in the case of a joint holding, all the persons so entered cease to be commoners.
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| (10) | Any person who is entered in the register shall, if that person ceases to be a commoner or if there is any other change in the relevant particulars recorded in the register, notify the secretary of the Commission of the change not later than 28 days after the change has taken place.
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| (11) | Any person who is entered in the register in respect of rights of common may, if that person ceases to exercise those rights (or, being a person falling within subsection (2)(c) or (d) above, no longer wishes to be entered on the register), apply to the secretary of the Commission to be removed from the register.
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| (12) | Any person who, without reasonable excuse—
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| (a) | exercises a right of common without being entered in the register in respect of that right;
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| (b) | fails to apply for registration, or to give any particulars required, under paragraph (4), (5) or (10) above; or
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| (c) | gives under this section any particulars which that person knows to be false or misleading,
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| | shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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| (13) | Any member of the public may at any reasonable time and without charge inspect the register.
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27 Appeals against refusal to register, etc.
| (1) | Any person who is aggrieved—
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| (a) | by the refusal of the secretary of the Commission to enter that person in, or remove that person from, the register;
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| (b) | by being removed from the register;
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| (c) | by being entered on the register;
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| (d) | by the particulars recorded in the register as respects that person; or
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| (e) | by any amendment made to those particulars,
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| (2) | may give notice of the complaint to the secretary of the Commission. |
| (2) | On any such complaint, the Commission or a committee of the Commission appointed for that purpose shall consider the complaint and shall give written notice of its decision to the complainant.
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| (3) | Unless the Commission or the committee determine to accept the complaint without hearing the complainant, it shall give the complainant an opportunity of appearing before and being heard by the Commission or the committee in support of the complaint before making its decision.
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| (4) | Any person aggrieved—
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| (a) | by a decision under this section of the Commission or a committee of the Commission; or
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| (b) | by the failure of the Commission or a committee of the Commission to reach a decision on a complaint made under this section within 42 days of the date of the complaint;
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| (4) | may appeal to a magistrates' court and sections 300 to 302 of the Public Health Act 1936 (c. 49) shall apply to any appeal under this subsection as they apply to an appeal under any provision of that Act.
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PART 5
FINANCIAL PROVISIONS
28 Funding of Commission
| | Any expenditure incurred by the Commission in discharging its functions under this Act shall be met from the following receipts—
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| (a) | amounts paid to the Commission by the Council under section 19(3) (Special events and activities) above;
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| (b) | grants and gifts received under section 21(3)(c) and (d) (Functions of Commission) above; and
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| (c) | grazing fees, or amounts in respect of grazing fees, retained by the Commission as provided by section 22(6) and (7) (Grazing agreements) above.
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29 Accounts of Commission
| (1) | The Commission shall—
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| (a) | keep proper accounts of all sums received or paid by it and proper records in relation to those accounts; and
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| (b) | prepare in respect of each financial year a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Commission.
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| (2) | The Commission's accounts for each financial year shall be audited by an auditor or auditors appointed by the Commission; and no person shall be eligible to be appointed as an auditor under this section unless he is eligible under Part II of the Companies Act 1989 (c. 40) for appointment as an auditor for a company (not being an unquoted company).
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| (3) | As soon as practicable after the completion of the audit, the secretary of the Commission shall forward to the officer appointed for that purpose by the Council a copy of the audited accounts and of any report to the Commission made by the auditor.
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| (4) | Any member of the public may at any reasonable time and without charge inspect the audited accounts for the last three financial years for which audited accounts have been prepared.
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30 Borrowing powers of Commission
| | The Commission, with the consent of the Council, may borrow money for any purpose relevant to its functions under this Act; and sections 43 to 47 of the Local Government and Housing Act 1989 (c. 42) (which relate to borrowing by local authorities) shall apply in relation to any such borrowing as if the Commission were a local authority for the purposes of those provisions.
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PART 6
MISCELLANEOUS AND SUPPLEMENTARY
31 Power to modify constitution of Commission
| (1) | The Council, after consulting the Commission, may make a scheme altering the constitution of the Commission; and such a scheme may make new provision in place of section 7 (Establishment of Greenham and Crookham Common Commission) above and Schedule 1 (Appointment and election of Commissioners), Schedule 2 (Rules applicable to election of Commissioners) and Schedule 3 (Incidental provisions with respect to Commission) to this Act or may make any amendment to those provisions.
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| (2) | A scheme under this section shall not have effect unless it is confirmed by the Secretary of State by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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| (3) | Before making an application to the Secretary of State for confirmation of a scheme under this section, the Council shall—
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| (a) | publish the required notice in a local newspaper circulating in the area of the Common; and
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| (b) | serve the required notice with a copy of the scheme and of this section on—
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| (ii) | each of the appointing bodies; and
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| (iii) | such other bodies as appear to the Council to represent interests likely to be concerned.
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| (4) | The required notice is a notice—
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| (a) | stating that the scheme has been made and is about to be submitted to the Secretary of State for confirmation;
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| (b) | explaining the general effect of the scheme;
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| (c) | naming the Council's offices or another place in the area of the Common where a copy of the scheme can be inspected free of charge, and copies may be obtained at a reasonable charge, at all reasonable hours; and
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| (d) | specifying the period of time (not being less than 42 days from the date of the notice) within which, and the manner in which, any person may serve on the Council any written representations with respect to the scheme.
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| (a) | shall consider any written representations duly made under subsection (4) above; and
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| (b) | may withdraw the scheme, or make any modifications to it, in the light of any such representations.
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| (6) | If the Council do not withdraw the scheme, they may apply to the Secretary of State for confirmation of the scheme (whether as originally made or as modified under subsection (5) above) and shall send to the Secretary of State with the application a copy of any written representation duly made under subsection (4) above which has not been withdrawn.
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| (7) | The Secretary of State shall take account of any such representation in deciding whether to confirm the scheme.
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32 Power to grant easements over Common, etc.
| (1) | The Council may, over any relevant land, grant to the owner or occupier of any land on or adjacent to the Common or any additional open space such easements or other rights for access (with or without vehicles) or services to or in connection with the land as the Council may think fit.
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| (2) | Any such easements or rights may be granted on such terms (including the payment of fees) and subject to such conditions as the Council may think fit.
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| (3) | In subsection (1) above “relevant land” means the Common and any additional open space owned by the Council.
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