|
| |
|
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 |
| 10 |
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 |
| |
| |
| 15 |
| |
(a) | in relation to land which is registered in the register of title, a |
| |
registered charge within the meaning of the Land Registration |
| |
| |
(b) | in relation to land which is not so registered— |
| 20 |
(i) | a charge registered under the Land Charges Act 1972 |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(a) | the interests of persons having rights in relation to, or occupying, the |
| |
release land (and in particular persons exercising rights of common |
| |
| |
(b) | the interests of the neighbourhood; |
| |
| 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 |
| |
| |
(8) | The reference in subsection (6)(c) to the public interest includes the public |
| |
| |
| 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 |
| |
| |
(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— |
| |
| |
(b) | any replacement land. |
| |
(10) | In subsection (9) “relevant charge” and “relevant leaseholder” have the |
| |
meanings given by section 15(9). |
| 25 |
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 |
| |
| 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— |
| |
|
| |
|
| |
|
(a) | those rights are extinguished on that date in respect of the release land; |
| |
| |
(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 |
| |
| |
(b) | supplementary provision as to the effect in relation to any replacement |
| |
| |
(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 |
| |
(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 |
| |
| 30 |
(10) | Regulations may make provision for the publication of an order under this |
| |
| |
Conclusiveness and correction of the registers |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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. |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| 10 |
| |
(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 |
| |
| |
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. |
| |
| |
(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. |
| |
|
| |
|