|
| |
|
(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 |
| |
| |
(3) | Consent may be given under section 38(1)— |
| 5 |
(a) | in relation to all or part of the proposed works; |
| |
(b) | subject to such modifications and conditions relating to the proposed |
| |
works as the appropriate national authority thinks fit. |
| |
(4) | In considering the effect in relation to any land of proposed works under this |
| |
section, the appropriate national authority may consider that effect in |
| 10 |
conjunction with the effect in relation to that land of any other works for which |
| |
consent has previously been given under section 38(1) above or section 194 of |
| |
the Law of Property Act 1925 (c. 20). |
| |
(5) | Where the appropriate national authority imposes any modification or |
| |
condition in relation to any consent given under section 38(1), it may on the |
| 15 |
application of any person carrying out or proposing to carry out works in |
| |
accordance with the consent vary or revoke that modification or condition. |
| |
(6) | Regulations may specify a time limit for the making of applications under |
| |
| |
(7) | Consent may be given under section 38(1) in relation to works which have been |
| 20 |
commenced or completed; and any consent so given has effect from the time of |
| |
commencement of the works. |
| |
| |
(1) | Regulations may make provision as to the procedure to be followed in the |
| |
making and determination of applications under sections 38(1) and 39(5). |
| 25 |
(2) | Regulations under this section may in particular include provision— |
| |
(a) | as to the steps to be taken by an applicant before submitting an |
| |
| |
(b) | as to the form and content of an application; |
| |
(c) | as to the procedure to be followed in making an application; |
| 30 |
(d) | as to the evidence to be supplied in support of an application; |
| |
(e) | as to the fees payable in relation to an application; |
| |
(f) | as to the steps to be taken by the appropriate national authority upon |
| |
receipt of an application; |
| |
(g) | for the appointment by the appropriate national authority of a person |
| 35 |
to discharge any (or all) of its functions in relation to the determination |
| |
| |
(h) | for the making of representations or objections in relation to an |
| |
| |
(i) | for the holding of a hearing or local inquiry in relation to an application; |
| 40 |
(j) | for the publication of a determination of an application and the |
| |
notification of interested persons. |
| |
|
| |
|
| |
|
| |
(1) | Where any works are carried out on land to which section 38 applies in |
| |
contravention of subsection (1) of that section, any person may apply to the |
| |
county court in whose area the land is situated. |
| |
(2) | On an application under this section the court may make an order— |
| 5 |
(a) | in any case, for removal of the works and restoration of the land to the |
| |
condition it was in before the works were carried out; |
| |
(b) | in a case where consent has been given under section 38(1) but the |
| |
works have not been carried out in accordance with any term of that |
| |
consent, for the works to be carried out in such manner and subject to |
| 10 |
such conditions as the order may specify. |
| |
| |
(1) | This section applies in relation to works on relevant land where, by virtue of |
| |
section 38(1), the works may not be carried out without the consent of the |
| |
appropriate national authority. |
| 15 |
(2) | In subsection (1) “relevant land” means land which is subject to— |
| |
(a) | a scheme under the Metropolitan Commons Act 1866 (c. 122) which is |
| |
in force at the commencement of this section; or |
| |
(b) | a scheme under the Commons Act 1899 (c. 30) which is in force at the |
| |
commencement of this section. |
| 20 |
| |
(a) | any provision of the scheme referred to in subsection (2) would also |
| |
prohibit the carrying out of the works, and |
| |
(b) | the scheme does not allow for any person to consent to the works to be |
| |
| 25 |
| the works do not contravene that provision if they are carried out with (and in |
| |
accordance with the terms of) the consent of the appropriate national authority |
| |
under section 38(1) and of any owner of the land (if not the person carrying out |
| |
| |
(4) | Regulations may make provision as to the procedure to be followed in |
| 30 |
obtaining the consent of an owner under subsection (3) (and may include |
| |
provision for the consent of an owner to be regarded as having been given |
| |
where he has not objected within a period of time specified in the regulations). |
| |
(5) | Where any provision of the scheme referred to in subsection (2) would also |
| |
prohibit the carrying out of the works without the consent of the appropriate |
| 35 |
| |
(a) | consent given under section 38(1) is to be regarded as consent given |
| |
| |
(b) | consent may not be sought separately under the scheme. |
| |
| 40 |
(1) | The appropriate national authority may by order provide that section 38 is not |
| |
| |
(a) | the carrying out by a specified person of specified works on specified |
| |
| |
|
| |
|
| |
|
(b) | the carrying out by a specified person, or a person of a specified |
| |
description, of works of a specified description on— |
| |
| |
(ii) | land of a specified description. |
| |
(2) | The appropriate national authority may only make an order under subsection |
| 5 |
(1)(a) if it is satisfied that the works specified in the order are necessary or |
| |
expedient for any of the purposes in subsection (4). |
| |
(3) | The appropriate national authority may only make an order under subsection |
| |
(1)(b) if it is satisfied that works of the description specified in the order are |
| |
likely to be necessary or expedient on any land, or on land of the description |
| 10 |
specified in the order, for any of the purposes in subsection (4). |
| |
(4) | The purposes referred to in subsections (2) and (3) are— |
| |
(a) | use of land by members of the public for the purposes of open-air |
| |
recreation pursuant to any right of access; |
| |
(b) | the exercise of rights of common; |
| 15 |
| |
(d) | the protection of archaeological remains or features of historic interest; |
| |
(e) | the use of the land for sporting or recreational purposes. |
| |
(5) | Where any land is the subject of a resolution under section 194(3)(b) of the Law |
| |
of Property Act 1925 (c. 20) immediately before the commencement of this |
| 20 |
section, the appropriate national authority may by order provide that section |
| |
38 is not to apply to the carrying out of works, or works of a description |
| |
specified in the order, on that land. |
| |
(6) | An order under subsection (1) or (5) may provide that section 38 is not to apply |
| |
only if the works to which the order relates are carried out in accordance with |
| 25 |
| |
(7) | In subsection (1) “specified” means specified in an order under that subsection. |
| |
| |
(1) | Schedule 4 (which makes supplementary provision relating to works on |
| |
| 30 |
(2) | The appropriate national authority may by order amend any local or personal |
| |
Act passed before this Act for the purpose of making provision about works on |
| |
common land to which that Act relates. |
| |
(3) | In subsection (2), “common land” means— |
| |
(a) | any land registered as common land; and |
| 35 |
(b) | any land not so registered which is subject to a scheme under the |
| |
Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 |
| |
| |
(4) | The appropriate national authority may by order amend any Act made under |
| |
the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure |
| 40 |
Commissioners for the purpose of making provision about works on land to |
| |
| |
(5) | The amendments which may be made under subsection (2) or (4) include |
| |
amendments supplementary to or consequential on the provisions of this Part. |
| |
|
| |
|
| |
|
| |
45 | Powers of local authorities over unclaimed land |
| |
(1) | This section applies where— |
| |
(a) | land is registered as common land or a town or village green; |
| |
(b) | no person is registered in the register of title as the owner of the land; |
| 5 |
| |
(c) | it appears to a local authority in whose area the land or any part of it is |
| |
situated that the owner cannot be identified. |
| |
(2) | The local authority may— |
| |
(a) | take any steps to protect the land against unlawful interference that |
| 10 |
could be taken by an owner in possession of the land; and |
| |
(b) | institute proceedings against any person for any offence committed in |
| |
respect of the land (but without prejudice to any power exercisable |
| |
apart from this section). |
| |
(3) | In this section “local authority” means— |
| 15 |
(a) | a county, district or parish council in England; |
| |
(b) | a London borough council; and |
| |
(c) | a county, county borough or community council in Wales. |
| |
46 | Powers relating to unauthorised agricultural activities |
| |
(1) | This section applies where it appears to the appropriate national authority |
| 20 |
| |
(a) | a person is carrying out, or causing to be carried out by virtue of any |
| |
arrangements, an agricultural activity on land which— |
| |
(i) | is registered as common land; or |
| |
(ii) | is registered as a town or village green and is subject to rights of |
| 25 |
| |
(b) | the activity is unauthorised; and |
| |
(c) | the activity is detrimental to— |
| |
(i) | the interests of persons having rights in relation to, or |
| |
| 30 |
(ii) | the public interest. |
| |
(2) | The appropriate national authority may, subject to the following provisions of |
| |
this section, serve a notice on the person requiring him to do any one or more |
| |
| |
(a) | within such reasonable period as may be specified in the notice to stop |
| 35 |
carrying out the activity, or stop causing it to be carried out, to the |
| |
extent that it is unauthorised; |
| |
(b) | not to carry out, or cause to be carried out, any other unauthorised |
| |
agricultural activity on the land which would be detrimental to the |
| |
matters specified in subsection (1)(c)(i) and (ii); |
| 40 |
(c) | to supply the authority with such information relating to agricultural |
| |
activities on the land carried out, or caused to be carried out, by him as |
| |
it may reasonably require. |
| |
|
| |
|
| |
|
(3) | Before serving a notice under this section the appropriate national authority |
| |
must, to the extent that it is appropriate and practicable in all the circumstances |
| |
| |
(a) | notify the persons specified in subsection (4) of its intention to serve the |
| |
| 5 |
(b) | publicise its intention to do so (in such manner as it thinks fit). |
| |
(4) | The persons referred to in subsection (3)(a) are— |
| |
(a) | any commons association for the land; |
| |
(b) | any other person with functions under any enactment which relate to |
| |
the maintenance or management of the land; and |
| 10 |
(c) | any person appearing to the authority to own or occupy the land. |
| |
(5) | Any notification or publication under subsection (3) may specify a period |
| |
within which representations about the proposed notice may be made. |
| |
(6) | In deciding whether to serve a notice under this section the appropriate |
| |
national authority must have regard to— |
| 15 |
(a) | any criminal or civil proceedings that have been or may be commenced |
| |
in relation to the activity; and |
| |
(b) | any steps taken by a commons association in relation to the activity. |
| |
(7) | If a person on whom a notice is served under this section fails to comply with |
| |
| 20 |
(a) | the appropriate national authority may apply to a county court for an |
| |
order requiring him to do so; and |
| |
(b) | the court may make such an order for the purpose of securing |
| |
compliance with the notice as it thinks fit. |
| |
(8) | For the purposes of this section, activity is unauthorised if the person carrying |
| 25 |
it out or causing it to be carried out— |
| |
(a) | has no right or entitlement by virtue of his ownership or occupation of |
| |
the land, or pursuant to any right of common, to do so; or |
| |
(b) | is not doing so with the authority of the person or persons entitled to |
| |
| 30 |
(9) | The reference in subsection (1)(c)(ii) to the public interest includes the public |
| |
| |
| |
(b) | the conservation of the landscape; |
| |
(c) | the protection of public rights of access to any area of land; and |
| 35 |
(d) | the protection of archaeological remains and features of historic |
| |
| |
(10) | Section 123(1) to (5) of the Environment Act 1995 (c. 25) applies in relation to |
| |
the service of a notice under this section as it applies in relation to the service |
| |
of a notice under that Act. |
| 40 |
Abolition of powers of approvement and inclosure etc |
| |
| |
(1) | The Commons Act 1285 (13 Edw 1 c. 46) (power of approvement) shall cease to |
| |
| |
|
| |
|
| |
|
(2) | Any power of approvement of a common which subsists at common law is |
| |
| |
| |
(1) | Section 147 of the Inclosure Act 1845 (c. 118) (power to exchange common land |
| |
for other land) shall cease to have effect. |
| 5 |
(2) | The following shall cease to have effect— |
| |
(a) | section 2 of the Gifts for Churches Act 1811 (c. 115); |
| |
(b) | in section 2 of the School Sites Act 1841 (c. 38), the words from |
| |
“Provided also, that where any portion” to “such conveyance;”; |
| |
(c) | in section 1 of the Literary and Scientific Institutions Act 1854 (c. 112), |
| 10 |
the words from “Provided also” to the end. |
| |
| |
(1) | Section 31 of the Commons Act 1876 (c. 56) (three months’ notice of claim to |
| |
inclose to be given in local papers) shall cease to have effect. |
| |
(2) | In section 3 of the Metropolitan Commons Act 1878 (c. 71), for “Sections thirty |
| 15 |
and thirty-one” substitute “Section 30”. |
| |
| |
Supplementary and general |
| |
| |
50 | Schemes under the Commons Act 1899 |
| 20 |
(1) | The Commons Act 1899 (c. 30) is amended as follows. |
| |
(2) | In section 1 (power of councils to make schemes for the regulation of |
| |
| |
(a) | in subsection (1), for the words from “their district” to the end |
| |
substitute “in the public interest”; |
| 25 |
(b) | after that subsection insert— |
| |
“(1A) | In subsection (1), the reference to the public interest includes the |
| |
| |
| |
(b) | the conservation of the landscape; |
| 30 |
(c) | the protection of public rights of access to any area of |
| |
| |
(d) | the protection of archaeological remains and features of |
| |
| |
(3) | In that section, in subsection (3), omit the words from “, and for” to the end. |
| 35 |
(4) | In that section, after subsection (3) insert— |
| |
“(4) | Regulations under subsection (3) may— |
| |
(a) | prescribe alternative forms; |
| |
|
| |
|
| |
|
(b) | permit exceptions or modifications to be made to any |
| |
| |
(5) | In section 2 (procedure for making scheme)— |
| |
(a) | for subsections (1) to (3) and the first paragraph of subsection (4) |
| |
| 5 |
“(1) | A council is to make and approve a scheme under this Part of |
| |
this Act in the prescribed manner.”; |
| |
(b) | renumber the second paragraph of subsection (4) as subsection (2). |
| |
(6) | For section 9 (power to amend scheme) substitute— |
| |
“9 | Power to amend or revoke scheme |
| 10 |
(1) | A scheme under this Part of this Act for any common may, in |
| |
prescribed circumstances, be amended in the prescribed manner. |
| |
(2) | A scheme under this Part of this Act for any common may, where a new |
| |
scheme is made under this Part of this Act for the whole of that |
| |
common, be revoked in the prescribed manner.” |
| 15 |
(7) | For section 10 (byelaws) substitute— |
| |
| |
(1) | A council which has made a scheme under this Part of this Act in |
| |
relation to any common may make byelaws for the prevention of |
| |
nuisances and the preservation of order on the common. |
| 20 |
(2) | Sections 236 to 238 of the Local Government Act 1972 (which relate to |
| |
the procedure for making byelaws, authorise byelaws to impose fines |
| |
not exceeding level 2 on the standard scale, and provide for the proof |
| |
of byelaws in legal proceedings) apply to all byelaws under this |
| |
| 25 |
| |
51 | Minor and consequential amendments |
| |
Schedule 5 (minor and consequential amendments) has effect. |
| |
| |
Schedule 6 (repeals, including consequential repeals and repeals of spent and |
| 30 |
obsolete enactments) has effect. |
| |
53 | Power to amend enactments relating to common land or greens |
| |
(1) | The appropriate national authority may by order amend any relevant Act so as |
| |
| |
(a) | a provision of that Act applying to common land does not apply to land |
| 35 |
to which Part 1 applies and which is not registered as common land; |
| |
(b) | such a provision applies to either or both of the following— |
| |
(i) | land registered as common land, or particular descriptions or |
| |
| |
|
| |
|