Commons Bill [HL]

House of Commons

Session 2005 - 06
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Commons Bill [HL]

Commons Bill [HL]
Part 1 — Registration
1

NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.
A
Bill
To
Make provision about common land and town or village greens.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Registration
Introductory
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Registers of common land and greens
Each commons registration authority shall continue to keep—
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(a)
a register known as a register of common land; and
(b)
a register known as a register of town or village greens.
2
Purpose of registers
(1)
The purpose of a register of common land is—
(a)
to register land as common land; and
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(b)
to register rights of common exercisable over land registered as
common land.
(2)
The purpose of a register of town or village greens is—
(a)
to register land as a town or village green; and
(b)
to register rights of common exercisable over land registered as a town
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or village green.
3
Content of registers
(1)
The land registered as common land in a register of common land is, subject to
this Part, to be—
(a)
the land so registered in it at the commencement of this section; and
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Bill 115 54/1

Commons Bill [HL]
Part 1 — Registration
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(b)
such other land as may be so registered in it under this Part.
(2)
The land registered as a town or village green in a register of town or village
greens is, subject to this Part, to be—
(a)
the land so registered in it at the commencement of this section; and
(b)
such other land as may be so registered in it under this Part.
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(3)
The rights of common registered in a register of common land or town or
village greens are, subject to this Part, to be—
(a)
the rights registered in it at the commencement of this section; and
(b)
such other rights as may be so registered in it under this Part.
(4)
The following information is to be registered in a register of common land or
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town or village greens in respect of a right of common registered in it—
(a)
the nature of the right;
(b)
if the right is attached to any land, the land to which it is attached;
(c)
if the right is not so attached, the owner of the right.
(5)
Regulations may—
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(a)
require or permit other information to be included in a register of
common land or town or village greens;
(b)
make provision as to the form in which any information is to be
presented in such a register.
(6)
Except as provided under this Part or any other enactment—
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(a)
no land registered as common land or as a town or village green is to be
removed from the register in which it is so registered;
(b)
no right of common registered in a register of common land or town or
village greens is to be removed from that register.
(7)
No right of common over land to which this Part applies is to be registered in
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the register of title.
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Commons registration authorities
(1)
The following are commons registration authorities—
(a)
a county council in England;
(b)
a district council in England for an area without a county council;
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(c)
a London borough council; and
(d)
a county or county borough council in Wales.
(2)
For the purposes of this Part, the commons registration authority in relation to
any land is the authority in whose area the land is situated.
(3)
Where any land falls within the area of two or more commons registration
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authorities, the authorities may by agreement provide for one of them to be the
commons registration authority in relation to the whole of the land.
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Land to which Part 1 applies
(1)
This Part applies to all land in England and Wales, subject as follows.
(2)
This Part does not apply to—
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(a)
the New Forest;
(b)
Epping Forest;

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Part 1 — Registration
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(c)
any land exempted from the Commons Registration Act 1965 (c. 64) by
order under section 11 of that Act.
(3)
This Part shall not be taken to apply to the Forest of Dean.
(4)
If any question arises under this Part whether any land is part of the forests
mentioned in this section it is to be referred to and decided by the appropriate
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national authority.
Registration of rights of common
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Creation
(1)
A right of common cannot at any time after the commencement of this section
be created over land to which this Part applies by virtue of prescription.
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(2)
A right of common cannot at any time after the commencement of this section
be created in any other way over land to which this Part applies except—
(a)
as specified in subsection (3); or
(b)
pursuant to any other enactment.
(3)
A right of common may be created over land to which this Part applies by way
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of express grant if—
(a)
the land is not registered as a town or village green; and
(b)
the right is attached to land.
(4)
The creation of a right of common in accordance with subsection (3) only has
effect if it complies with such requirements as to form and content as
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regulations may provide.
(5)
The creation of a right of common in accordance with subsection (3) does not
operate at law until on an application under this section—
(a)
the right is registered in a register of common land; and
(b)
if the right is created over land not registered as common land, the land
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is registered in a register of common land.
(6)
An application under this section to register the creation of a right of common
consisting of a right to graze any animal is to be refused if in the opinion of the
commons registration authority the land over which it is created would be
unable to sustain the exercise of—
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(a)
that right; and
(b)
if the land is already registered as common land, any other rights of
common registered as exercisable over the land.
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Variation
(1)
For the purposes of this section a right of common is varied if by virtue of any
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disposition—
(a)
the right becomes exercisable over new land instead of all or part of the
land over which it was exercisable;
(b)
the right becomes exercisable over new land in addition to the land
over which it is already exercisable;
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(c)
there is any other alteration in what can be done by virtue of the right.

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Part 1 — Registration
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(2)
A right of common which is registered in a register of common land or town or
village greens cannot at any time after the commencement of this section be
varied so as to become exercisable over new land if that land is at the time
registered as a town or village green.
(3)
A right of common which is registered in a register of town or village greens
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cannot at any time after the commencement of this section be varied so as to
extend what can be done by virtue of the right.
(4)
The variation of a right of common which is registered in a register of common
land or town or village greens—
(a)
only has effect if it complies with such requirements as to form and
10
content as regulations may provide; and
(b)
does not operate at law until, on an application under this section, the
register is amended so as to record the variation.
(5)
An application under this section to record a variation of a right of common
consisting of a right to graze any animal is to be refused if in the opinion of the
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commons registration authority the land over which the right is or is to be
exercisable would, in consequence of the variation, be unable to sustain the
exercise of—
(a)
that right; and
(b)
if the land is already registered as common land, any other rights of
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common registered as exercisable over the land.
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Apportionment
(1)
Regulations may make provision as to the amendments to be made to a register
of common land or town or village greens where a right of common which is
registered in a register of common land or town or village greens as attached
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to any land is apportioned by virtue of any disposition affecting the land.
(2)
Regulations under subsection (1) may provide that a register is only to be
amended when—
(a)
a disposition relating to an apportioned right itself falls to be registered
under this Part; or
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(b)
the register falls to be amended under section 11.
(3)
Where at any time—
(a)
a right of common which is registered in a register of common land or
town or village greens as attached to any land has been apportioned by
virtue of any disposition affecting the land, and
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(b)
no amendments have been made under subsection (1) in respect of the
apportionment of that right,

the rights of common subsisting as a result of the apportionment shall be
regarded as rights which are registered in that register as attached to the land
to which they attach as a result of the apportionment.
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9
Severance
(1)
This section applies to a right of common which—
(a)
is registered in a register of common land or town or village greens as
attached to any land; and
(b)
would, apart from this section, be capable of being severed from that
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land.

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(2)
A right of common to which this section applies is not at any time on or after
the day on which this section comes into force capable of being severed from
the land to which it is attached, except—
(a)
where the severance is authorised by or under Schedule 1; or
(b)
where the severance is authorised by or under any other Act.
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(3)
Where any instrument made on or after the day on which this section comes
into force would effect a disposition in relation to a right of common to which
this section applies in contravention of subsection (2), the instrument is void to
the extent that it would effect such a disposition.
(4)
Where by virtue of any instrument made on or after the day on which this
10
section comes into force—
(a)
a disposition takes effect in relation to land to which a right of common
to which this section applies is attached, and
(b)
the disposition would have the effect of contravening subsection (2),

the disposition also has effect in relation to the right notwithstanding anything
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in the instrument to the contrary.
(5)
Where by virtue of any instrument made on or after the day on which this
section comes into force a right of common to which this section applies falls to
be apportioned between different parts of the land to which it is attached, the
instrument is void to the extent that it purports to apportion the right
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otherwise than rateably.
(6)
Nothing in this section affects any instrument made before, or made pursuant
to a contract made in writing before, the day on which this section comes into
force.
(7)
This section and Schedule 1 shall be deemed to have come into force on 28 June
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2005 (and an order under paragraph 2 of that Schedule may have effect as from
that date).
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Attachment
(1)
This section applies to any right of common which is registered in a register of
common land or town or village greens but is not registered as attached to any
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land.
(2)
The owner of the right may apply to the commons registration authority for the
right to be registered in that register as attached to any land, provided that—
(a)
he is entitled to occupy the land; or
(b)
the person entitled to occupy the land has consented to the application.
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Re-allocation of attached rights
(1)
Where—
(a)
a right of common is registered in a register of common land or town or
village greens as attached to any land, and
(b)
subsection (2), (3) or (4) applies in relation to part of the land (“the
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relevant part”),

the owner of the land may apply to the commons registration authority for the
register to be amended so as to secure that the right does not attach to the
relevant part.

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Part 1 — Registration
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(2)
This subsection applies where the relevant part is not used for agricultural
purposes.
(3)
This subsection applies where planning permission has been granted for use of
the relevant part for purposes which are not agricultural purposes.
(4)
This subsection applies where—
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(a)
an order authorising the compulsory purchase of the relevant part by
any authority has been made in accordance with the Acquisition of
Land Act 1981 (c. 67) (and, if the order requires to be confirmed under
Part 2 of that Act, has been so confirmed);
(b)
the relevant part has not vested in the authority; and
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(c)
the relevant part is required for use other than use for agricultural
purposes.
(5)
Regulations may for the purposes of subsections (2) to (4) make provision as to
what is or is not to be regarded as use of land for agricultural purposes.
(6)
Regulations may provide that an application under this section is not to be
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granted without the consent of any person specified in the regulations.
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Transfer of rights in gross
The transfer of a right of common which is registered in a register of common
land or town or village greens but is not registered as attached to any land—
(a)
only has effect if it complies with such requirements as to form and
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content as regulations may provide; and
(b)
does not operate at law until, on an application under this section, the
transferee is registered in the register as the owner of the right.
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Surrender and extinguishment
(1)
The surrender to any extent of a right of common which is registered in a
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register of common land or town or village greens—
(a)
only has effect if it complies with such requirements as to form and
content as regulations may provide; and
(b)
does not operate at law until, on an application under this section, the
right is removed from the register.
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(2)
The reference in subsection (1) to a surrender of a right of common does not
include a disposition having the effect referred to in section 7(1)(a).
(3)
A right of common which is registered in a register of common land or town or
village greens cannot be extinguished by operation of common law.
Registration, deregistration and exchange of land
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Statutory dispositions
(1)
Regulations may make provision as to the amendment of a register of common
land or town or village greens where by virtue of any relevant instrument—
(a)
a disposition is made in relation to land registered in it as common land
or as a town or village green; or
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(b)
a disposition is made in relation to a right of common registered in it.

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(2)
Regulations may provide that, where—
(a)
by virtue of any relevant instrument a disposition is made in relation to
land registered as common land or as a town or village green,
(b)
by virtue of regulations under subsection (1) the land ceases to be so
registered, and
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(c)
in connection with the disposition other land is given in exchange,

the land given in exchange is to be registered as common land or as a town or
village green.
(3)
In this section, “relevant instrument” means—
(a)
any order, deed or other instrument made under or pursuant to the
10
Acquisition of Land Act 1981 (c. 67);
(b)
a conveyance made for the purposes of section 13 of the New Parishes
Measure 1943 (No. 1);
(c)
any other instrument made under or pursuant to any enactment.
(4)
Regulations under this section may require the making of an application to a
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commons registration authority for amendment of a register of common land
or town or village greens.
(5)
Regulations under this section may provide that a relevant instrument, so far
as relating to land registered as common land or as a town or village green or
to any right of common, is not to operate at law until any requirement for
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which they provide is complied with.
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Registration of greens
(1)
Any person may apply to the commons registration authority to register land
as a town or village green in a case where subsection (2) or (3) applies.
(2)
This subsection applies where—
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(a)
a significant number of local inhabitants have indulged as of right in
lawful sports and pastimes on the land for a period of at least 20 years;
and
(b)
they continue to do so at the time of the application.
(3)
This subsection applies where—
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(a)
a significant number of local inhabitants indulged as of right in lawful
sports and pastimes on the land for a period of at least 20 years;
(b)
they ceased to do so before the time of the application; and
(c)
the application is made within the relevant period.
(4)
In determining the period of 20 years referred to in subsections (2)(a) and (3)(a),
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there is to be disregarded any period during which access to the land was
prohibited to members of the public by reason of any enactment.
(5)
For the purposes of subsection (2)(b) in a case where the condition in
subsection (2)(a) is satisfied—
(a)
where persons indulge as of right in lawful sports and pastimes
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immediately before access to the land is prohibited as specified in
subsection (4), those persons are to be regarded as continuing so to
indulge; and
(b)
where permission is granted in respect of use of the land for the
purposes of lawful sports and pastimes, the permission is to be
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