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Commons Bill [HL]


Commons Bill [HL]
Part 1 — Registration

8

 

disregarded in determining whether persons continue to indulge in

lawful sports and pastimes on the land “as of right”.

(6)   

In subsection (3)(c), “the relevant period” means—

(a)   

in a case where the cessation referred to in subsection (3)(b) occurred

before the commencement of this section, the period of five years

5

beginning with that cessation;

(b)   

in a case where the cessation referred to in subsection (3)(b) occurred

after the commencement of this section, the period of two years

beginning with that cessation.

(7)   

The owner of any land may apply to the commons registration authority to

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register the land as a town or village green.

(8)   

An application under subsection (7) may only be made with the consent of any

relevant leaseholder of, and the proprietor of any relevant charge over, the

land.

(9)   

In subsection (8)—

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“relevant charge” means—

(a)   

in relation to land which is registered in the register of title, a

registered charge within the meaning of the Land Registration

Act 2002 (c. 9);

(b)   

in relation to land which is not so registered—

20

(i)   

a charge registered under the Land Charges Act 1972

(c. 61); or

(ii)   

a legal mortgage, within the meaning of the Law of

Property Act 1925 (c. 20), which is not registered under

the Land Charges Act 1972;

25

“relevant leaseholder” means a leaseholder under a lease for a term of

more than seven years from the date on which the lease was granted.

16      

Deregistration and exchange: applications

(1)   

The owner of any land registered as common land or as a town or village green

may apply to the appropriate national authority for the land (“the release

30

land”) to cease to be so registered.

(2)   

If the release land is more than 200 square metres in area, the application must

include a proposal under subsection (3).

(3)   

A proposal under this subsection is a proposal that land specified in the

application (“replacement land”) be registered as common land or as a town or

35

village green in place of the release land.

(4)   

If the release land is not more than 200 square metres in area, the application

may include a proposal under subsection (3).

(5)   

Where the application includes a proposal under subsection (3)—

(a)   

the replacement land must not already be registered as common land

40

or as a town or village green; and

(b)   

if the owner of the release land does not own the replacement land, the

owner of the replacement land must join in the application.

(6)   

In determining the application, the appropriate national authority shall have

regard to—

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Commons Bill [HL]
Part 1 — Registration

9

 

(a)   

the interests of persons having rights in relation to, or occupying, the

release land (and in particular persons exercising rights of common

over it);

(b)   

the interests of the neighbourhood;

(c)   

the public interest;

5

(d)   

any other matter considered to be relevant.

(7)   

The appropriate national authority shall in a case where—

(a)   

the release land is not more than 200 square metres in area, and

(b)   

the application does not include a proposal under subsection (3),

   

have particular regard under subsection (6) to the extent to which the absence

10

of such a proposal is prejudicial to the interests specified in paragraphs (a) to

(c) of that subsection.

(8)   

The reference in subsection (6)(c) to the public interest includes the public

interest in—

(a)   

nature conservation;

15

(b)   

the conservation of the landscape;

(c)   

the protection of public rights of access to any area of land; and

(d)   

the protection of archaeological remains and features of historic

interest.

(9)   

An application under this section may only be made with the consent of any

20

relevant leaseholder of, and the proprietor of any relevant charge over—

(a)   

the release land;

(b)   

any replacement land.

(10)   

In subsection (9) “relevant charge” and “relevant leaseholder” have the

meanings given by section 15(9).

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17      

Deregistration and exchange: orders

(1)   

Where the appropriate national authority grants an application under section

16 it must make an order requiring the commons registration authority to

remove the release land from its register of common land or town or village

greens.

30

(2)   

Where the application included a proposal to register replacement land, the

order shall also require the commons registration authority—

(a)   

to register the replacement land as common land or as a town or village

green in place of the release land; and

(b)   

to register as exercisable over the replacement land any rights of

35

common which, immediately before the relevant date, are registered as

exercisable over the release land.

(3)   

A commons registration authority must take such other steps on receiving an

order under this section as regulations may require.

(4)   

Where immediately before the relevant date any rights of common are

40

registered as exercisable over the release land, those rights are on that date

extinguished in relation to that land.

(5)   

Where immediately before the relevant date any rights are exercisable over the

release land by virtue of its being, or being part of, a town or village green—

 
 

Commons Bill [HL]
Part 1 — Registration

10

 

(a)   

those rights are extinguished on that date in respect of the release land;

and

(b)   

where any replacement land is registered in its place, those rights shall

become exercisable as from that date over the replacement land instead.

(6)   

Where immediately before the relevant date the release land was registered as

5

common land and any relevant provision applied in relation to it—

(a)   

the provision shall on that date cease to apply to the release land; and

(b)   

where any replacement land is registered in its place, the provision

shall on that date apply to the replacement land instead.

(7)   

An order under this section may contain—

10

(a)   

provision disapplying the effect of subsection (5)(b) or (6)(b) in relation

to any replacement land;

(b)   

supplementary provision as to the effect in relation to any replacement

land of—

(i)   

any rights exercisable over the release land by virtue of its

15

being, or being part of, a town or village green;

(ii)   

any relevant provision;

(c)   

supplementary provision as to the effect in relation to the release land

or any replacement land of any local or personal Act.

(8)   

In subsections (6) and (7) “relevant provision” means a provision contained in,

20

or made under—

(a)   

section 193 of the Law of Property Act 1925 (c. 20);

(b)   

a scheme under the Metropolitan Commons Act 1866 (c. 122);

(c)   

an Act under the Commons Act 1876 (c. 56) confirming a provisional

order of the Inclosure Commissioners;

25

(d)   

a scheme under Part 1 of the Commons Act 1899 (c. 30);

(e)   

section 1 of the Commons Act 1908 (c. 44).

(9)   

In this section, “relevant date” means the date on which the commons

registration authority amends its register as required under subsections (1) and

(2).

30

(10)   

Regulations may make provision for the publication of an order under this

section.

Conclusiveness and correction of the registers

18      

Conclusiveness

(1)   

This section applies to land registered as common land, or as a town or village

35

green, which is registered as being subject to a right of common.

(2)   

If the land would not otherwise have been subject to that right, it shall be

deemed to have become subject to that right, as specified in the register, upon

its registration.

(3)   

If the right is registered as attached to any land, the right shall, if it would not

40

otherwise have attached to that land, be deemed to have become so attached

upon registration of its attachment.

 
 

Commons Bill [HL]
Part 1 — Registration

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(4)   

If the right is not registered as attached to any land, the person registered as the

owner of the right shall, if he would not otherwise have been its owner, be

deemed to have become its owner upon his registration.

(5)   

Nothing in subsection (2) affects any constraint on the exercise of a right of

common where the constraint does not appear in the register.

5

(6)   

It is immaterial whether the registration referred to in subsection (2), (3) or (4)

occurred before or after the commencement of this section.

19      

Correction

(1)   

A commons registration authority may amend its register of common land or

town or village greens for any purpose referred to in subsection (2).

10

(2)   

Those purposes are—

(a)   

correcting a mistake made by the commons registration authority in

making or amending an entry in the register;

(b)   

correcting any other mistake, where the amendment would not affect—

(i)   

the extent of any land registered as common land or as a town

15

or village green; or

(ii)   

what can be done by virtue of a right of common;

(c)   

removing a duplicate entry from the register;

(d)   

updating the details of any name or address referred to in an entry.

(3)   

References in this section to a mistake include—

20

(a)   

a mistaken omission; and

(b)   

an unclear or ambiguous description.

(4)   

An amendment may be made by a commons registration authority—

(a)   

on its own initiative; or

(b)   

on the application of any person.

25

(5)   

A mistake in a register may not be corrected under this section if the authority

considers that, by reason of reliance reasonably placed on the register by any

person or for any other reason, it would in all the circumstances be unfair to do

so.

(6)   

Regulations may make further provision as to the criteria to be applied in

30

determining an application or proposal under this section.

(7)   

The High Court may order a commons registration authority to amend its

register of common land or town or village greens if the High Court is satisfied

that—

(a)   

any entry in the register, or any information in an entry, was at any time

35

included in the register as a result of fraud; and

(b)   

it would be just to amend the register.

Information etc

20      

Inspection

(1)   

Any person may inspect and make copies of, or of any part of—

40

(a)   

a register of common land or town or village greens;

 
 

Commons Bill [HL]
Part 1 — Registration

12

 

(b)   

any document kept by a commons registration authority which is

referred to in such a register;

(c)   

any other document kept by a commons registration authority which

relates to an application made at any time in relation to such a register.

(2)   

The right in subsection (1) is subject to regulations which may, in particular—

5

(a)   

provide for exceptions to the right;

(b)   

impose conditions on its exercise.

(3)   

Conditions under subsection (2)(b) may include conditions requiring the

payment of a fee (which may be a fee determined by a commons registration

authority).

10

21      

Official copies

(1)   

An official copy of, or of any part of—

(a)   

a register of common land or town or village greens,

(b)   

any document kept by a commons registration authority which is

referred to in such a register, or

15

(c)   

any other document kept by a commons registration authority which

relates to an application made at any time in relation to such a register,

   

is admissible in evidence to the same extent as the original.

(2)   

Regulations may make provision for the issue of official copies and may in

particular make provision about—

20

(a)   

the form of official copies;

(b)   

who may issue official copies;

(c)   

applications for official copies;

(d)   

the conditions to be met by applicants for official copies.

(3)   

Conditions under subsection (2)(d) may include conditions requiring the

25

payment of a fee (which may be a fee determined by a commons registration

authority).

Transitory and transitional provision

22      

Rectification of mistakes etc under the 1965 Act

Schedule 2 (rectification of mistakes etc under the Commons Registration Act

30

1965 (c. 64)) has effect.

23      

Transitional

(1)   

Schedule 3 (transitional provision) has effect.

(2)   

Nothing in Schedule 3 affects the power to make transitional provision and

savings in an order under section 53; and an order under that section may

35

modify any provision made by that Schedule.

 
 

 
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