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
11

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
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
5
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
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.
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).
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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;
(e)
updating any entry in the register relating to land registered as
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common land or as a town or village green to take account of accretion
or diluvion.
(3)
References in this section to a mistake include—
(a)
a mistaken omission; and
(b)
an unclear or ambiguous description.
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(4)
An amendment may be made by a commons registration authority—
(a)
on its own initiative; or
(b)
on the application of any person.
(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
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person or for any other reason, it would in all the circumstances be unfair to do
so.

Commons Bill [HL]
Part 1 — Registration
12

(6)
Regulations may make further provision as to the criteria to be applied in
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—
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(a)
any entry in the register, or any information in an entry, was at any time
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
10
(1)
Any person may inspect and make copies 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;
(c)
any other document kept by a commons registration authority which
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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—
(a)
provide for exceptions to the right;
(b)
impose conditions on its exercise.
(3)
Conditions under subsection (2)(b) may include conditions requiring the
20
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,
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(b)
any document kept by a commons registration authority which is
referred to in such a register, or
(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.
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(2)
Regulations may make provision for the issue of official copies and may in
particular make provision about—
(a)
the form of official copies;
(b)
who may issue official copies;
(c)
applications for official copies;
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(d)
the conditions to be met by applicants for official copies.
(3)
Conditions under subsection (2)(d) may include conditions requiring the
payment of a fee (which may be a fee determined by a commons registration
authority).

Commons Bill [HL]
Part 1 — Registration
13

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
1965 (c. 64)) has effect.
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Transitional
5
(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 55; and an order under that section may
modify any provision made by that Schedule.
Supplementary
10
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Applications etc
(1)
Regulations may make provision as to the making and determination of any
application for the amendment of a register of common land or town or village
greens under or for the purposes of this Part.
(2)
Regulations under subsection (1) may in particular make provision as to—
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(a)
the steps to be taken by a person before making an application;
(b)
the form of an application;
(c)
the information or evidence to be supplied with an application;
(d)
the fee payable on an application (which may be a fee determined by
the person to whom the application is made);
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(e)
the persons to be notified of an application;
(f)
the publication of an application;
(g)
the making of objections to an application;
(h)
the persons who must be consulted, or whose advice must be sought,
in relation to an application;
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(i)
the holding of an inquiry before determination of an application;
(j)
the evidence to be taken into account in making a determination and
the weight to be given to any evidence;
(k)
the persons to be notified of any determination;
(l)
the publication of a determination;
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(m)
the amendments to be made by a commons registration authority to a
register of common land or town or village greens pursuant to a
determination;
(n)
the time at which any such amendments are to be regarded as having
been made.
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(3)
In the case of an application made for the purposes of any of—
(a)
sections 6 to 8, 12 and 13,
(b)
paragraph 1 or 3 of Schedule 1, and
(c)
paragraph 2(5)(a) of Schedule 3,

regulations under subsection (1) may make provision as to the persons entitled
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to make the application.

Commons Bill [HL]
Part 1 — Registration
14

(4)
Regulations under subsection (1) may include provision for the appropriate
national authority to appoint a person to discharge any or all of its functions in
relation to an application made to it under section 16.
(5)
Regulations may make provision as to the making and determination of any
proposal by a commons registration authority to amend a register on its own
5
initiative pursuant to section 19 or paragraph 2(5)(b) of Schedule 3.
(6)
Regulations under subsection (5) may in particular make provision as to—
(a)
the persons to be notified of a proposal;
(b)
the publication of a proposal (and the information or evidence to be
published with a proposal);
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(c)
the making of objections to a proposal;
(d)
the persons who must be consulted, or whose advice must be sought,
in relation to a proposal;
(e)
the holding of an inquiry before determination of a proposal;
(f)
the evidence to be taken into account in making a determination and
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the weight to be given to any evidence;
(g)
the persons to be notified of any determination;
(h)
the publication of a determination;
(i)
the amendments to be made by a commons registration authority to a
register of common land or town or village greens pursuant to a
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determination.
(7)
Regulations under this section may include provision for—
(a)
the appropriate national authority to appoint persons as eligible to
discharge functions of a commons registration authority in relation to
applications made to, or proposals made by, the commons registration
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authority; and
(b)
the appointment of one or more of those persons to discharge functions
of the commons registration authority in the case of any description of
application or proposal.
(8)
Regulations under this section may provide for the Church Commissioners to
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act with respect to any land or rights belonging to an ecclesiastical benefice of
the Church of England which is vacant.
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Electronic registers
(1)
Regulations may require or permit the whole or any part of a register kept
under this Part to be kept in electronic form.
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(2)
Regulations under subsection (1) may include provision as to—
(a)
requirements to be complied with in relation to the recording of
information in electronic form;
(b)
the certification of information recorded in electronic form (including
the status of print-outs of such information).
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(3)
Regulations under subsection (1) may also include provision as to the process
of converting a register, or part of a register, into electronic form.
(4)
The provision referred to in subsection (3) includes in particular provision—
(a)
as to the publicity to be given to such a conversion;
(b)
requiring a provisional electronic version to be made available for
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inspection and comment;

Commons Bill [HL]
Part 2 — Management
15

(c)
as to the holding of an inquiry in relation to any question arising as a
result of the conversion.
Part 2
Management
Commons associations
5
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Establishment
(1)
The appropriate national authority may, for any area or areas of land to which
this section applies, establish a body corporate to carry out functions conferred
under this Part.
(2)
This section applies to any land that—
10
(a)
is registered as common land; or
(b)
is registered as a town or village green and is subject to rights of
common.
(3)
A body corporate established under this section is to be known as a “commons
association”.
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(4)
A commons association is to be established by order.
(5)
An order establishing a commons association must specify—
(a)
the name of the association;
(b)
the area or areas of land for which the association is established.
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Procedure for establishment
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(1)
This section applies where the appropriate national authority proposes to
make an order under section 26 establishing a commons association.
(2)
The appropriate national authority must—
(a)
publish a draft of the proposed order in such manner as it thinks fit; and
(b)
invite representations about it.
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(3)
The appropriate national authority may cause a local inquiry to be held.
(4)
The appropriate national authority may not make the proposed order unless,
having regard to—
(a)
any representations received pursuant to subsection (2)(b), and
(b)
the result of any local inquiry held under subsection (3),
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it is satisfied that there is substantial support for the making of the order.
(5)
For the purposes of subsection (4) the appropriate national authority must
have particular regard to representations received pursuant to subsection
(2)(b) from—
(a)
persons having rights (other than rights of common) in relation to, or
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occupying, land specified in the draft order;
(b)
persons who are entitled to exercise rights of common over any such
land; and
(c)
persons with functions under an enactment which relate to the
maintenance or management of any such land.
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