Commons Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Commons Bill [HL]

Commons Bill [HL]
Part 1 — Registration
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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
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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—
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(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;
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“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.
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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
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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
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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
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(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;
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(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;
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(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
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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.
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(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
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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
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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
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(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
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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—
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(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
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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,
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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;
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(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).
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(10)
Regulations may make provision for the publication of an order under this
section.
Conclusiveness and correction of the registers
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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
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otherwise have attached to that land, be deemed to have become so attached
upon registration of its attachment.

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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.
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(6)
It is immaterial whether the registration referred to in subsection (2), (3) or (4)
occurred before or after the commencement of this section.
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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).
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(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
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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—
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(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.
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(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
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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
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included in the register as a result of fraud; and
(b)
it would be just to amend the register.
Information etc
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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;

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Part 1 — Registration
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(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).
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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
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(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—
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(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
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payment of a fee (which may be a fee determined by a commons registration
authority).
Transitory and transitional provision
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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.
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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.