Commons Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Commons Bill [HL]

Commons Bill [HL]
Part 4 — Supplementary and general
31

58
Interpretation
(1)
In this Act—
“appropriate national authority” means—
(a)
the Secretary of State, in relation to England; and
(b)
the National Assembly for Wales, in relation to Wales;
5
“commons association” means a commons association established under
Part 2;
“land” includes land covered by water;
“nature conservation” means the conservation of flora and fauna and
geological and physiographical features;
10
“regulations” means regulations made by the appropriate national
authority;
“register of title” means the register kept under section 1 of the Land
Registration Act 2002 (c. 9);
“right of common” includes a cattlegate or beastgate (by whatever name
15
known) and a right of sole or several vesture or herbage or of sole or
several pasture, but does not include a right held for a term of years or
from year to year.
(2)
In this Act—
(a)
any reference to land registered as common land or a town or village
20
green is to land so registered in a register of common land or town or
village greens;
(b)
any reference to a register of common land or town or village greens is
to such a register kept under Part 1 of this Act.
(3)
In this Act—
25
(a)
references to the ownership or the owner of any land are references to
the ownership of a legal estate in fee simple in the land or to the person
holding that estate;
(b)
references to land registered in the register of title are references to land
the fee simple of which is so registered.
30
59
Short title
This Act may be cited as the Commons Act 2006.
60
Extent
(1)
This Act extends to England and Wales only.
(2)
Nothing in this Act shall impose any charge on the people or on public
35
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

32
Commons Bill [HL]
Schedule 1 — Authorised severance

Schedules
Schedule 1
Section 9

Authorised severance
Severance by transfer to public bodies
1     (1)
A right of common to which section 9 applies may on or after the day on
5
which this Schedule comes into force be severed permanently from the land
to which it is attached by being transferred on its own to—
(a)
any commons association established for the land;
(b)
Natural England (where the land or any part of it is in England); or
(c)
the Countryside Council for Wales (where the land or any part of it
10
is in Wales).
      (2)
Where a person proposes to sever a right of common to which section 9
applies by a transfer under sub-paragraph (1)(b) or (c), Natural England or
the Countryside Council for Wales as the case may be must—
(a)
give notice of the proposal to the owner of the land over which the
15
right is exercisable unless his name and address cannot reasonably
be ascertained;
(b)
in a case where there is no commons association established for the
land, give notice of the proposal to such persons (if any) as they
consider represent the interests of persons exercising rights of
20
common over the land.
      (3)
A notice under sub-paragraph (2) must be given at least two months before
the transfer and must—
(a)
specify the name and address of the owner of the land to which the
right is attached;
25
(b)
describe the right proposed to be transferred, giving such details as
regulations may specify;
(c)
state the proposed consideration for the transfer; and
(d)
give such other information as regulations may specify.
      (4)
Where a right of common to which section 9 applies is exercisable over land
30
for which a commons association is established, the right may only be
severed by a transfer under sub-paragraph (1)(b) or (c) if that association
consents to the transfer.
      (5)
The severance of a right of common by its transfer under sub-paragraph
(1)—
35
(a)
only has effect if the transfer 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 Schedule,
the transferee is registered as the owner of the right in the register of

Commons Bill [HL]
Schedule 1 — Authorised severance
33

common land or of town or village greens in which the right is
registered.
Temporary severance by letting or leasing
2     (1)
A right of common to which section 9 applies may, on or after the day on
which this Schedule comes into force, to any extent be severed temporarily
5
from the land to which it is attached by virtue of the right, or all or part of
the land, being leased or licensed on its own in accordance with—
(a)
provision made by order by the appropriate national authority; or
(b)
rules made in relation to the land by a commons association under
section 31.
10
      (2)
Provision under sub-paragraph (1)(a) and rules referred to in sub-paragraph
(1)(b) may be framed by reference to—
(a)
particular land or descriptions of land;
(b)
descriptions of persons to whom rights of common may be leased or
licensed.
15
      (3)
Where—
(a)
provision under sub-paragraph (1)(a) applies in relation to any land,
and
(b)
rules referred to in sub-paragraph (1)(b) also apply in relation to that
land and are inconsistent with that provision,
20

the rules prevail over that provision, to the extent of the inconsistency, in
relation to that land.
      (4)
The appropriate national authority may by order provide that the leasing or
licensing of a right of common (whether authorised by provision under sub-
paragraph (1)(a) or by rules referred to in sub-paragraph (1)(b)) must
25
comply with such requirements as to form and content as the order may
provide.
Severance authorised by order
3     (1)
The appropriate national authority may by order make provision
authorising rights of common to which section 9 applies to be severed
30
permanently from the land to which they are attached by transfer in
accordance with that provision.
      (2)
Provision under sub-paragraph (1) is to be framed by reference to—
(a)
particular land over which the rights of common are exercisable, or
(b)
particular descriptions of such land,
35

and may authorise transfers to particular persons, particular descriptions of
persons or any person.
      (3)
The appropriate national authority must, before making any provision
under sub-paragraph (1) in relation to any land, consult such persons (if any)
as it considers represent the interests of—
40
(a)
persons who own the land;
(b)
persons who exercise rights of common over the land.
      (4)
Provision under sub-paragraph (1) must include provision securing that
that the owner of any land over which a right of common is exercisable is to
be notified, and his consent obtained, before the right may be transferred.
45

Commons Bill [HL]
Schedule 2 — Rectification of mistakes etc under the 1965 Act
34

      (5)
Provision referred to in sub-paragraph (4) may include provision as to the
circumstances in which notification may be regarded as having been given
or consent obtained.
      (6)
The severance of a right of common by its transfer under provision under
sub-paragraph (1)—
5
(a)
only has effect if the transfer 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 Schedule,
the transferee is registered as the owner of the right in the register of
common land or of town or village greens in which the right is
10
registered.
      (7)
Provision under sub-paragraph (1) may include provision to secure the
result that where—
(a)
the person to whom the right of common is transferred is the owner
of land to which rights of common are attached, and
15
(b)
those rights are exercisable over the same land, or substantially the
same land, as the right of common being transferred,

the transferee must, when making an application as specified in sub-
paragraph (6)(b), apply to the commons registration authority for the right
to be registered as attached to the land referred to in paragraph (a).
20
Schedule 2
Section 22

Rectification of mistakes etc under the 1965 Act
Introductory
1
In this Schedule “the 1965 Act” means the Commons Registration Act 1965
(c. 64).
25
Waste land of a manor not registered as common land
2     (1)
In the case of any land which—
(a)
is land to which this paragraph applies, and
(b)
is not registered as common land or as a town or village green,

any person may, before such date as may be specified in regulations, apply
30
to the commons registration authority to register the land in the authority’s
register of common land.
      (2)
This paragraph applies to land which at the time of the application under
sub-paragraph (1) is waste land of a manor and where, before the
commencement of this paragraph—
35
(a)
the land was provisionally registered as common land under section
4 of the 1965 Act;
(b)
an objection was made in relation to the provisional registration; and
(c)
the provisional registration was cancelled in the circumstances
specified in sub-paragraph (3), (4) or (5).
40
      (3)
The circumstances in this sub-paragraph are that—

Commons Bill [HL]
Schedule 2 — Rectification of mistakes etc under the 1965 Act
35

(a)
the provisional registration was referred to a Commons
Commissioner under section 5 of the 1965 Act;
(b)
the Commissioner determined that, although the land had been
waste land of a manor at some earlier time, it was not such land at
the time of the determination because it had ceased to be connected
5
with the manor; and
(c)
for that reason only the Commissioner refused to confirm the
provisional registration.
      (4)
The circumstances in this sub-paragraph are that—
(a)
the provisional registration was referred to a Commons
10
Commissioner under section 5 of the 1965 Act;
(b)
the Commissioner determined that the land was not subject to rights
of common and for that reason refused to confirm the provisional
registration; and
(c)
the Commissioner did not consider whether the land was waste land
15
of a manor.
      (5)
The circumstances in this sub-paragraph are that the person on whose
application the provisional registration was made requested or agreed to its
cancellation (whether before or after its referral to a Commons
Commissioner).
20
      (6)
Where on an application under this paragraph a commons registration
authority is satisfied that this paragraph applies in relation to any land
which is the subject of the application, it must grant the application so far as
relating to that land.
Town or village green wrongly registered as common land
25
3     (1)
In the case of any land which—
(a)
is registered as common land, and
(b)
is land to which this paragraph applies,

any person may, before such date as may be specified in regulations, apply
to the commons registration authority to remove the land from its register of
30
common land and to register it in the authority’s register of town or village
greens.
      (2)
This paragraph applies to land where—
(a)
the land was provisionally registered as common land under section
4 of the 1965 Act;
35
(b)
the provisional registration became final; but
(c)
immediately before its provisional registration, the land was a town
or village green within the meaning of that Act as originally enacted.
      (3)
Where on an application under this paragraph a commons registration
authority is satisfied that this paragraph applies in relation to any land
40
which is the subject of the application, it must grant the application so far as
relating to that land.
Other land wrongly registered as common land
4     (1)
In the case of any land which—
(a)
is registered as common land, and
45
(b)
is land to which this paragraph applies,

Commons Bill [HL]
Schedule 2 — Rectification of mistakes etc under the 1965 Act
36


any person may, before such date as may be specified in regulations, apply
to the commons registration authority to remove the land from its register of
common land.
      (2)
This paragraph applies to land where—
(a)
the land was, pursuant to an application made under section 4 of the
5
1965 Act, provisionally registered as common land under that
section on the basis of information supplied in the application;
(b)
the provisional registration of the land as common land was not
referred to a Commons Commissioner under section 5 of the 1965
Act;
10
(c)
the provisional registration became final; and
(d)
immediately before its provisional registration the land was not any
of the following—
(i)
land subject to rights of common;
(ii)
waste land of a manor;
15
(iii)
a town or village green within the meaning of the 1965 Act as
originally enacted; or
(iv)
land of a description specified in section 11 of the Inclosure
Act 1845 (c. 118).
      (3)
Where on an application under this paragraph a commons registration
20
authority is satisfied that this paragraph applies in relation to any land
which is the subject of the application, it must grant the application so far as
relating to that land.
Land wrongly registered as town or village green
5     (1)
In the case of any land which—
25
(a)
is registered as a town or village green, and
(b)
is land to which this paragraph applies,

any person may, before such date as may be specified in regulations, apply
to the commons registration authority to remove the land from its register of
town or village greens.
30
      (2)
This paragraph applies to land where—
(a)
the land was, pursuant to an application made under section 4 of the
1965 Act, provisionally registered as a town or village green under
that section on the basis of information supplied in the application;
(b)
the provisional registration of the land as a town or village green was
35
not referred to a Commons Commissioner under section 5 of the 1965
Act;
(c)
the provisional registration became final; and
(d)
immediately before its provisional registration the land was not—
(i)
common land within the meaning of that Act; or
40
(ii)
a town or village green.
      (3)
For the purposes of sub-paragraph (2)(d)(ii), land is to be taken not to have
been a town or village green immediately before its provisional registration
if (and only if)—
(a)
throughout the period of 20 years preceding the date of its
45
provisional registration the land was, by reason of its physical

Commons Bill [HL]
Schedule 3 — Registration: transitional provision
37

nature, unusable by members of the public for the purposes of lawful
sports and pastimes; and
(b)
immediately before its provisional registration the land was not, and
at the time of the application under this paragraph still is not, allotted
by or under any Act for the exercise or recreation of the inhabitants
5
of any locality.
      (4)
Where on an application under this paragraph a commons registration
authority is satisfied that this paragraph applies in relation to any land
which is the subject of the application, it must grant the application so far as
relating to that land.
10
Costs
6     (1)
Regulations may make provision as to the payment of costs which pursuant
to an application under this Schedule are incurred by the applicant, an
objector or the person determining the application.
      (2)
That provision may in particular include provision—
15
(a)
for the payment of costs by the applicant, an objector or a commons
registration authority;
(b)
for the person determining an application or the appropriate
national authority to determine who is liable to pay costs and how
much they are liable to pay.
20
Schedule 3
Section 23

Registration: transitional provision
Interpretation
1
In this Schedule “the 1965 Act” means the Commons Registration Act 1965
(c. 64).
25
Transitional period for updating registers
2     (1)
Regulations may make provision for commons registration authorities,
during a period specified in the regulations (“the transitional period”), to
amend their registers of common land and town or village greens in
consequence of qualifying events which were not registered under the 1965
30
Act.
      (2)
The following are qualifying events for the purposes of this Schedule—
(a)
the creation of a right of common (by any means, including
prescription), where occurring in relation to land to which this Part
applies at any time—
35
(i)
after 2 January 1970; and
(ii)
before the commencement of this paragraph;
(b)
any relevant disposition in relation to a right of common registered
under the 1965 Act, or any extinguishment of such a right, where
occurring at any time—
40
(i)
after the date of the registration of the right under that Act;
and