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Commons Bill [HL]


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

38

 

(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;

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(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;

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(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

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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

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registration authorities to amend their registers as specified in sub-

paragraph (1)—

(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

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commons registration authority to take steps to discover information

relating to qualifying events, including in particular requiring an authority

to—

(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

of, the register.

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

greens, but

(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

 

 

Commons Bill [HL]
Schedule 4 — Works: supplementary

39

 

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.

Effect of repeals

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

to any land.

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.

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      (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.

Schedule 4

35

Section 44

 

Works: supplementary

Metropolitan commons

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

 

 

Commons Bill [HL]
Schedule 4 — Works: supplementary

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

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“or in any scheme made under, or confirmed by, any enactment”.

      (6)  

In that article—

(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

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(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)

of that Act.

     (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

paragraph (2B) applies”.

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National Trust property

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

Commissioners; or

 

 

Commons Bill [HL]
Schedule 4 — Works: supplementary

41

 

(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

is amended as follows.

      (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

that Act.

(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

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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.”

New parishes

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

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section 38(1) of that Act.”

Transitional provision

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;

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(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).

 

 

 
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