|
| |
|
(ii) | before the commencement of this paragraph; |
| |
(c) | a disposition occurring before the commencement of this paragraph |
| |
by virtue of any relevant instrument in relation to land which at the |
| |
time of the disposition was registered as common land or a town or |
| |
village green under the 1965 Act; |
| 5 |
(d) | the giving of land in exchange for any land subject to a disposition |
| |
referred to in paragraph (c). |
| |
(3) | In sub-paragraph (2)(b) “relevant disposition” means— |
| |
(a) | the surrender of a right of common; |
| |
(b) | the variation of a right of common; |
| 10 |
(c) | in the case of a right of common attached to land, the apportionment |
| |
or severance of the right; |
| |
(d) | in the case of a right not attached to land, the transfer of the right. |
| |
(4) | In sub-paragraph (2)(c) “relevant instrument” means— |
| |
(a) | any order, deed or other instrument made under or pursuant to the |
| 15 |
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. |
| |
(5) | Regulations under this paragraph may include provision for commons |
| 20 |
registration authorities to amend their registers as specified in sub- |
| |
| |
(a) | on the application of a person specified in the regulations; or |
| |
(b) | on their own initiative. |
| |
(6) | Regulations under sub-paragraph (5)(b) may include provision requiring a |
| 25 |
commons registration authority to take steps to discover information |
| |
relating to qualifying events, including in particular requiring an authority |
| |
| |
(a) | carry out a review of information already contained in a register of |
| |
common land or town or village greens; |
| 30 |
(b) | publicise the review; |
| |
(c) | invite persons to supply information for, or to apply for amendment |
| |
| |
3 | At the end of the transitional period, any right of common which— |
| |
(a) | is not registered in a register of common land or town or village |
| 35 |
| |
(b) | was capable of being so registered under paragraph 2, |
| |
| is by virtue of this paragraph at that time extinguished. |
| |
4 (1) | Regulations may make provision for commons registration authorities to |
| |
amend their registers of common land or town or village greens after the end |
| 40 |
of the transitional period, in circumstances specified in the regulations, in |
| |
consequence of qualifying events. |
| |
(2) | Regulations under this paragraph may provide that paragraph 3 is to be |
| |
treated as not having applied to any right of common which is registered |
| |
pursuant to the regulations. |
| 45 |
|
| |
|
| |
|
5 | Regulations under paragraph 2 or 4 may in particular include provision as |
| |
to what is or is not to be regarded as severance of a right of common for the |
| |
purposes of those regulations. |
| |
| |
6 | The repeal by this Act of section 1(2)(b) of the 1965 Act does not affect the |
| 5 |
extinguishment of rights of common occurring by virtue of that provision. |
| |
7 | The repeal by this Act of section 21(1) of the 1965 Act does not affect the |
| |
application of section 193 of the Law of Property Act 1925 (c. 20) in relation |
| |
| |
Ownership of common land or town or village green |
| 10 |
8 (1) | Where the ownership of any land is registered in any register under the 1965 |
| |
Act immediately before the commencement of this Schedule the ownership |
| |
shall, subject to this Part, continue to be registered in that register. |
| |
(2) | Where the ownership of land continues to be registered in a register of |
| |
common land or town or village greens pursuant to sub-paragraph (1), if the |
| 15 |
commons registration authority is notified by the Chief Land Registrar that |
| |
the land has been registered in the register of title, the authority shall— |
| |
(a) | remove the registration of ownership; and |
| |
(b) | indicate in the register in such manner as may be specified in |
| |
regulations that the land has been registered in the register of title. |
| 20 |
(3) | Regulations may require commons registration authorities— |
| |
(a) | to remove registration of ownership of land from their registers of |
| |
common land and town or village greens; |
| |
(b) | to keep or otherwise deal with documents received by them in |
| |
connection with the registration of ownership of land in such |
| 25 |
manner as the regulations may specify. |
| |
Vesting of unclaimed land |
| |
9 (1) | The repeal by this Act of section 8 of the 1965 Act does not affect the vesting |
| |
of land in any local authority (within the meaning of that Act) occurring by |
| |
virtue of that provision. |
| 30 |
(2) | Unless land so vesting is regulated by a scheme under the Commons Act |
| |
1899 (c. 30), sections 10 and 15 of the Open Spaces Act 1906 (c. 25) (power to |
| |
manage and make byelaws) shall continue to apply to it as if the local |
| |
authority had acquired the ownership under that Act of 1906. |
| |
| 35 |
| |
| |
| |
1 | In section 5 of the Metropolitan Commons Act 1866 (c. 122) (prohibition on |
| |
inclosure), after “inclosure of a metropolitan common” substitute “which is |
| |
under the control and management of a London borough council”. |
| 40 |
|
| |
|
| |
|
2 (1) | The Schedule to the Ministry of Housing and Local Government Provisional |
| |
Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. |
| |
xxix) is amended as follows. |
| |
(2) | In article 12 (restriction on powers in relation to commons), in paragraph (1) |
| |
omit “(which consent the Minister may give in such cases as he thinks fit)”. |
| 5 |
(3) | In that article, after paragraph (2) insert— |
| |
“(2A) | Sections 39 and 40 of the Commons Act 2006 apply in relation to an |
| |
application for consent under paragraph (1) as they apply in relation |
| |
to an application for consent under section 38(1) of that Act. |
| |
(2B) | Section 41 of that Act applies in relation to the carrying out of works |
| 10 |
in contravention of paragraph (1) as it applies to works carried out in |
| |
contravention of section 38(1) of that Act (and as if references to |
| |
consent under that provision were to consent under paragraph (1)).” |
| |
(4) | Omit paragraph (3) of that article. |
| |
(5) | In article 17 (street improvement), in paragraph (1), after “enactment” insert |
| 15 |
“or in any scheme made under, or confirmed by, any enactment”. |
| |
| |
(a) | in paragraph (2), omit the words from “and the Minister” to the end; |
| |
(b) | after that paragraph insert— |
| |
“(2A) | Where an application is made for consent under paragraph |
| 20 |
(2) in the case of any common, section 40 of the Commons |
| |
Act 2006 applies in relation to the application as it applies |
| |
in relation to an application for consent under section 38(1) |
| |
| |
(2B) | Where an application is made for consent under paragraph |
| 25 |
(2) in any other case, the Minister before giving any |
| |
consent shall have regard to any representations made to |
| |
him in the manner specified in paragraph (3).”; |
| |
(c) | in paragraph (3), after “paragraph (2)” insert “in a case to which |
| |
| 30 |
| |
3 (1) | Section 29 of the National Trust Act 1907 (c. cxxxvi) (powers exercisable over |
| |
common or commonable land) is amended as follows. |
| |
(2) | Renumber the existing provision as subsection (1). |
| |
(3) | In that subsection, for “consists of common or commonable land” substitute |
| 35 |
“is land to which this section applies”. |
| |
(4) | After that subsection insert— |
| |
“(2) | This section applies to— |
| |
(a) | any land registered as common land; |
| |
(b) | land not so registered which is— |
| 40 |
(i) | regulated by an Act made under the Commons Act |
| |
1876 confirming a provisional order of the Inclosure |
| |
| |
|
| |
|
| |
|
(ii) | subject to a scheme under the Metropolitan |
| |
Commons Act 1866 or the Commons Act 1899; and |
| |
(c) | land not falling within paragraph (a) or (b) which is in the |
| |
New Forest and is subject to rights of common.” |
| |
4 (1) | Section 23 of the National Trust Act 1971 (c. vi) (powers over common land) |
| 5 |
| |
(2) | In subsection (2), omit the words from “, and in giving” to the end. |
| |
(3) | After that subsection insert— |
| |
“(2A) | Sections 39 and 40 of the Commons Act 2006 apply in relation to an |
| |
application for consent under subsection (2) of this section as they |
| 10 |
apply in relation to an application for consent under section 38(1) of |
| |
| |
(2B) | Section 41 of that Act applies in relation to the carrying out of works |
| |
in contravention of subsection (2) of this section as it applies to works |
| |
carried out in contravention of section 38(1) of that Act (and as if |
| 15 |
references to consent under that provision were to consent under |
| |
subsection (2) of this section). |
| |
(2C) | Nothing in section 38 of the Commons Act 2006 applies in relation to |
| |
land to which section 29 of the Act of 1907 applies.” |
| |
| 20 |
5 | In section 15 of the New Parishes Measure 1943 (No. 1) (land subject to rights |
| |
of common), in subsection (1), for the words from “without the consent” to |
| |
the end substitute “without the consent of the Secretary of State and sections |
| |
39 and 40 of the Commons Act 2006 apply in relation to an application for |
| |
such consent as they apply in relation to an application for consent under |
| 25 |
section 38(1) of that Act.” |
| |
| |
6 | In its application to any works carried out on or after 28 June 2005 but before |
| |
the day on which section 38(1) above comes into force, section 194(2) of the |
| |
Law of Property Act 1925 (c. 20) shall have effect as if the words “interested |
| 30 |
in the common” were omitted. |
| |
7 | The prohibition in section 38(1) does not apply to works carried out in |
| |
connection with the taking or working of minerals if— |
| |
(a) | the works were granted planning permission under any enactment |
| |
before the commencement of section 38; |
| 35 |
(b) | the works are carried out in accordance with that planning |
| |
permission in the period allowed for the works to be carried out |
| |
(subject to any extension of time granted before or after the |
| |
commencement of that section). |
| |
|
| |
|