|
| |
|
| is by virtue of this paragraph at that time extinguished. |
| |
4 (1) | Regulations may make provision for commons registration authorities to |
| |
amend their registers of common land or town or village greens after the end |
| |
of the transitional period, in circumstances specified in the regulations, in |
| |
consequence of qualifying events. |
| 5 |
(2) | Regulations under this paragraph may provide that paragraph 3 is to be |
| |
treated as not having applied to any right of common which is registered |
| |
pursuant to the regulations. |
| |
5 | Regulations under paragraph 2 or 4 may in particular include provision as |
| |
to what is or is not to be regarded as severance of a right of common for the |
| 10 |
purposes of those regulations. |
| |
| |
6 | The repeal by this Act of section 1(2)(b) of the 1965 Act does not affect the |
| |
extinguishment of rights of common occurring by virtue of that provision. |
| |
7 | The repeal by this Act of section 21(1) of the 1965 Act does not affect the |
| 15 |
application of section 193 of the Law of Property Act 1925 (c. 20) in relation |
| |
| |
Ownership of common land or town or village green |
| |
8 (1) | Where the ownership of any land is registered in any register under the 1965 |
| |
Act immediately before the commencement of this Schedule the ownership |
| 20 |
shall, subject to this Part, continue to be registered in that register. |
| |
(2) | Where the ownership of land continues to be registered in a register of |
| |
common land or town or village greens pursuant to sub-paragraph (1), if the |
| |
commons registration authority is notified by the Chief Land Registrar that |
| |
the land has been registered in the register of title, the authority shall— |
| 25 |
(a) | remove the registration of ownership; and |
| |
(b) | indicate in the register in such manner as may be specified in |
| |
regulations that the land has been registered in the register of title. |
| |
(3) | Regulations may require commons registration authorities— |
| |
(a) | to remove registration of ownership of land from their registers of |
| 30 |
common land and town or village greens; |
| |
(b) | to keep or otherwise deal with documents received by them in |
| |
connection with the registration of ownership of land in such |
| |
manner as the regulations may specify. |
| |
Vesting of unclaimed land |
| 35 |
9 (1) | The repeal by this Act of section 8 of the 1965 Act does not affect the vesting |
| |
of land in any local authority (within the meaning of that Act) occurring by |
| |
virtue of that provision. |
| |
(2) | Unless land so vesting is regulated by a scheme under the Commons Act |
| |
1899 (c. 30), sections 10 and 15 of the Open Spaces Act 1906 (c. 25) (power to |
| 40 |
manage and make byelaws) shall continue to apply to it as if the local |
| |
authority had acquired the ownership under that Act of 1906. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
1 | In section 5 of the Metropolitan Commons Act 1866 (c. 122) (prohibition on |
| |
inclosure), after “inclosure of a metropolitan common” substitute “which is |
| 5 |
under the control and management of a London borough council”. |
| |
2 (1) | The Schedule to the Ministry of Housing and Local Government Provisional |
| |
Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. |
| |
xxix) is amended as follows. |
| |
(2) | In article 12 (restriction on powers in relation to commons), in paragraph (1) |
| 10 |
omit “(which consent the Minister may give in such cases as he thinks fit)”. |
| |
(3) | In that article, after paragraph (2) insert— |
| |
“(2A) | Sections 39 and 40 of the Commons Act 2006 apply in relation to an |
| |
application for consent under paragraph (1) as they apply in relation |
| |
to an application for consent under section 38(1) of that Act. |
| 15 |
(2B) | Section 41 of that Act applies in relation to the carrying out of works |
| |
in contravention of paragraph (1) as it applies to works carried out in |
| |
contravention of section 38(1) of that Act (and as if references to |
| |
consent under that provision were to consent under paragraph (1)).” |
| |
(4) | Omit paragraph (3) of that article. |
| 20 |
(5) | In article 17 (street improvement), in paragraph (1), after “enactment” insert |
| |
“or in any scheme made under, or confirmed by, any enactment”. |
| |
| |
(a) | in paragraph (2), omit the words from “and the Minister” to the end; |
| |
(b) | after that paragraph insert— |
| 25 |
“(2A) | Where an application is made for consent under paragraph |
| |
(2) in the case of any common, section 40 of the Commons |
| |
Act 2006 applies in relation to the application as it applies |
| |
in relation to an application for consent under section 38(1) |
| |
| 30 |
(2B) | Where an application is made for consent under paragraph |
| |
(2) in any other case, the Minister before giving any |
| |
consent shall have regard to any representations made to |
| |
him in the manner specified in paragraph (3).”; |
| |
(c) | in paragraph (3), after “paragraph (2)” insert “in a case to which |
| 35 |
| |
| |
3 (1) | Section 29 of the National Trust Act 1907 (c. cxxxvi) (powers exercisable over |
| |
common or commonable land) is amended as follows. |
| |
(2) | Renumber the existing provision as subsection (1). |
| 40 |
(3) | In that subsection, for “consists of common or commonable land” substitute |
| |
“is land to which this section applies”. |
| |
|
| |
|
| |
|
(4) | After that subsection insert— |
| |
“(2) | This section applies to— |
| |
(a) | any land registered as common land; |
| |
(b) | land not so registered which is— |
| |
(i) | regulated by an Act made under the Commons Act |
| 5 |
1876 confirming a provisional order of the Inclosure |
| |
| |
(ii) | subject to a scheme under the Metropolitan |
| |
Commons Act 1866 or the Commons Act 1899; and |
| |
(c) | land not falling within paragraph (a) or (b) which is in the |
| 10 |
New Forest and is subject to rights of common.” |
| |
4 (1) | Section 23 of the National Trust Act 1971 (c. vi) (powers over common land) |
| |
| |
(2) | In subsection (2), omit the words from “, and in giving” to the end. |
| |
(3) | After that subsection insert— |
| 15 |
“(2A) | Sections 39 and 40 of the Commons Act 2006 apply in relation to an |
| |
application for consent under subsection (2) of this section as they |
| |
apply in relation to an application for consent under section 38(1) of |
| |
| |
(2B) | Section 41 of that Act applies in relation to the carrying out of works |
| 20 |
in contravention of subsection (2) of this section as it applies to works |
| |
carried out in contravention of section 38(1) of that Act (and as if |
| |
references to consent under that provision were to consent under |
| |
subsection (2) of this section). |
| |
(2C) | Nothing in section 38 of the Commons Act 2006 applies in relation to |
| 25 |
land to which section 29 of the Act of 1907 applies.” |
| |
| |
5 | In section 15 of the New Parishes Measure 1943 (No. 1) (land subject to rights |
| |
of common), in subsection (1), for the words from “without the consent” to |
| |
the end substitute “without the consent of the Secretary of State and sections |
| 30 |
39 and 40 of the Commons Act 2006 apply in relation to an application for |
| |
such consent as they apply in relation to an application for consent under |
| |
section 38(1) of that Act.” |
| |
| |
6 | In its application to any works carried out on or after 28 June 2005 but before |
| 35 |
the day on which section 38(1) above comes into force, section 194(2) of the |
| |
Law of Property Act 1925 (c. 20) shall have effect as if the words “interested |
| |
in the common” were omitted. |
| |
7 | The prohibition in section 38(1) does not apply to works carried out in |
| |
connection with the taking or working of minerals if— |
| 40 |
(a) | the works were granted planning permission under any enactment |
| |
before the commencement of section 38; |
| |
(b) | the works are carried out in accordance with that planning |
| |
permission in the period allowed for the works to be carried out |
| |
|
| |
|
| |
|
(subject to any extension of time granted before or after the |
| |
commencement of that section). |
| |
| |
| |
Minor and consequential amendments |
| |
Countryside Act 1968 (c. 41) |
| 5 |
1 (1) | The Countryside Act 1968 is amended as follows. |
| |
(2) | In section 9(6), for the definition of “common land” substitute— |
| |
| |
(a) | land registered as common land in a register of |
| |
common land kept under Part 1 of the Commons Act |
| 10 |
| |
(b) | land to which Part 1 of that Act does not apply and |
| |
which is subject to rights of common within the |
| |
| |
(3) | In Schedule 2, in paragraph 7, for the words from “section 22(1)” to the end |
| 15 |
substitute “the principal section”. |
| |
| |
2 | In section 11 of the Animals Act 1971, for the definitions of “common land” |
| |
and “town or village green” substitute— |
| |
| 20 |
(a) | land registered as common land in a register of |
| |
common land kept under Part 1 of the Commons Act |
| |
| |
(b) | land to which Part 1 of that Act does not apply and |
| |
which is subject to rights of common within the |
| 25 |
| |
“town or village green” means land registered as a town or |
| |
village green in a register of town or village greens kept |
| |
under Part 1 of the Commons Act 2006;”. |
| |
Wildlife and Countryside Act 1981 (c. 69) |
| 30 |
3 | In section 52(2C) of the Wildlife and Countryside Act 1981— |
| |
(a) | for “common land” (in the first place where it occurs) substitute |
| |
“subject to rights of common (within the meaning of the Commons |
| |
| |
(b) | for the words from “the commoners” to the end of the subsection |
| 35 |
substitute “the persons with such rights or any of them and any |
| |
commons association established under Part 2 of the Commons Act |
| |
| |
|
| |
|
| |
|
Norfolk and Suffolk Broads Act 1988 (c. 4) |
| |
4 | In Schedule 3 to the Norfolk and Suffolk Broads Act 1988, in paragraph |
| |
38(1)(d), for “section 9 of the Commons Registration Act 1965” substitute |
| |
“section 45 of the Commons Act 2006”. |
| |
Criminal Justice and Public Order Act 1994 (c. 33) |
| 5 |
5 | In section 61(9) of the Criminal Justice and Public Order Act 1994— |
| |
(a) | for the definition of “common land” substitute— |
| |
| |
(a) | land registered as common land in a register |
| |
of common land kept under Part 1 of the |
| 10 |
| |
(b) | land to which Part 1 of that Act does not apply |
| |
and which is subject to rights of common as |
| |
| |
(b) | in the definition of “commoner”, for the words from “as defined” to |
| 15 |
the end substitute “as so defined;”; |
| |
(c) | in the definition of “the local authority”, for “section 9 of the |
| |
Commons Registration Act 1965” substitute “section 45 of the |
| |
| |
Environment Act 1995 (c. 25) |
| 20 |
6 | In Schedule 9 to the Environment Act 1995, in paragraph 1— |
| |
(a) | in sub-paragraph (2)(d), for “section 9 of the Commons Registration |
| |
Act 1965” substitute “section 45 of the Commons Act 2006”; |
| |
(b) | in sub-paragraph (6), for “the Commons Registration Act 1965” |
| |
substitute “Part 1 of the Commons Act 2006”. |
| 25 |
Countryside and Rights of Way Act 2000 (c. 37) |
| |
7 (1) | The Countryside and Rights of Way Act 2000 is amended as follows. |
| |
(2) | In section 1, in subsection (3)— |
| |
(a) | for paragraph (a) substitute “land which is registered as common |
| |
land in a register of common land kept under Part 1 of the Commons |
| 30 |
| |
| |
(3) | In that section, omit subsection (4). |
| |
(4) | In section 45(1), in the definition of “rights of common”, for “the Commons |
| |
Registration Act 1965” substitute “the Commons Act 2006”. |
| 35 |
(5) | In section 46(2), for “section” substitute “subsection”. |
| |
Land Registration Act 2002 (c. 9) |
| |
8 (1) | The Land Registration Act 2002 is amended as follows. |
| |
(2) | In section 27(2)(d), for “the Commons Registration Act 1965 (c. 64)” |
| |
substitute “Part 1 of the Commons Act 2006”. |
| 40 |
|
| |
|
| |
|
(3) | In section 33(d), for “the Commons Registration Act 1965 (c. 64)” substitute |
| |
“Part 1 of the Commons Act 2006”. |
| |
(4) | In Schedule 3, in paragraph 3(1), for “the Commons Registration Act 1965 (c. |
| |
64)” substitute “Part 1 of the Commons Act 2006”. |
| |
| 5 |
| |
| |
| |
Repeals relating to registration |
| |
| | | | | | Commons Registration Act 1965 |
| | | 10 | | | | | | | Parliamentary Commissioner |
| In Schedule 4, the paragraph relating to |
| | | | | | | | | Local Government Act 1972 |
| | | | | | | | 15 | | Local Government Act 1985 |
| In Schedule 8, paragraph 10(6). |
| | | | | | | | | Dartmoor Commons Act 1985 |
| | | | | | | | | | Common Land (Rectification of |
| | | 20 | | Registers) Act 1989 (c. 18) |
| | | | | Courts and Legal Services Act |
| In Schedule 10, paragraph 26. |
| | | | | | | | | Tribunals and Inquiries Act |
| In Schedule 1, in Part 1, the entry relating to |
| | | | | Commons Commissioners and assessors. |
| | 25 | | | In Schedule 6, paragraph 26. |
| | | | Retirement Act 1993 (c. 8) |
| | | | | Countryside and Rights of Way |
| | | | | | | | | | | | | 30 | | Land Registration Act 2002 |
| In Schedule 11, paragraph 7. |
| | | | | | | | | | | | | | | | | | | Constitutional Reform Act 2005 |
| In Schedule 7, in paragraph 4, the entry relating |
| | 35 | | | to the Commons Registration Act 1965. |
| | |
|
|
| |
|
| |
|
| | | | | | Constitutional Reform Act 2005 |
| In Schedule 14, in Part 3, the entries relating |
| | | | | | | | | | (a) | Commons Commissioner and Chief |
| | | | | Commons Commissioner; and |
| | 5 | | | (b) | Substitute Chief Commons |
| | | | | | | |
|
|
| |
Repeals relating to works |
| |
| | | | 10 | | | | | | | | | | | | | In section 30, the words from “Any person |
| | | | | aggrieved” to the end of the section. |
| | | | | | | 15 | | | | | | | Law of Property Act 1925 (c. 20) |
| | | | | Administration of Justice |
| In the Schedule, the reference to subsection (2) |
| | | | (Appeals) Act 1934 (c. 40) |
| of section 194 of the Law of Property Act |
| | | | | | | 20 | | Compulsory Purchase Act 1965 |
| In Schedule 7, the entry relating to the |
| | | | | | | | | Ministry of Housing and Local |
| In article 12 of the Schedule— |
| | | | | (a) | in paragraph (1), the words “(which |
| | | | Order Confirmation (Greater |
| consent the Minister may give in such |
| | 25 | | | cases as he thinks fit)”; and |
| | | | Spaces) Act 1967 (c. xxix) |
| | | | | | In article 17(2) of the Schedule, the words from |
| | | | | “and the Minister” to the end. |
| | | | National Trust Act 1971 (c. vi) |
| In section 23(2), the words from “, and in |
| | 30 | | | | | | | Norfolk and Suffolk Broads Act |
| In Schedule 3, paragraph 38(1)(b). |
| | | | | | | | | Local Government (Wales) Act |
| In Schedule 16, paragraph 7(2). |
| | | | | | | 35 | | Environment Act 1995 (c. 25) |
| In Schedule 9, paragraph 1(2)(b). |
| | | | | In Schedule 17, paragraph 3. |
| | | | | | | |
|
|
| |
|