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Commons Bill [HL]


Commons Bill [HL]
Schedule 3 — Registration: transitional provision

41

 

           

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.

Effect of repeals

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

to any land.

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.

 

 

Commons Bill [HL]
Schedule 4 — Works: supplementary

42

 

Schedule 4

Section 44

 

Works: supplementary

Metropolitan commons

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”.

      (6)  

In that article—

(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)

of that Act.

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

paragraph (2B) applies”.

National Trust property

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”.

 

 

Commons Bill [HL]
Schedule 4 — Works: supplementary

43

 

      (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

Commissioners; or

(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)

is amended as follows.

      (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

that Act.

(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.”

New parishes

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.”

Transitional provision

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

 

 

Commons Bill [HL]
Schedule 5 — Minor and consequential amendments

44

 

(subject to any extension of time granted before or after the

commencement of that section).

Schedule 5

Section 51

 

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—

““common land” means—

(a)   

land registered as common land in a register of

common land kept under Part 1 of the Commons Act

10

2006;

(b)   

land to which Part 1 of that Act does not apply and

which is subject to rights of common within the

meaning of that Act;”.

      (3)  

In Schedule 2, in paragraph 7, for the words from “section 22(1)” to the end

15

substitute “the principal section”.

Animals Act 1971 (c. 22)

2          

In section 11 of the Animals Act 1971, for the definitions of “common land”

and “town or village green” substitute—

““common land” means—

20

(a)   

land registered as common land in a register of

common land kept under Part 1 of the Commons Act

2006;

(b)   

land to which Part 1 of that Act does not apply and

which is subject to rights of common within the

25

meaning of that Act;

“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

Act 2006)”;

(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

2006 for that land”.

 

 

Commons Bill [HL]
Schedule 5 — Minor and consequential amendments

45

 

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—

““common land” means—

(a)   

land registered as common land in a register

of common land kept under Part 1 of the

10

Commons Act 2006; and

(b)   

land to which Part 1 of that Act does not apply

and which is subject to rights of common as

defined in that Act;”;

(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

Commons Act 2006”.

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

Act 2006.”;

(b)   

omit paragraph (b).

      (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

 

 

Commons Bill [HL]
Schedule 6 — Repeals
Part 1 — Repeals relating to registration

46

 

      (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”.

Schedule 6

5

Section 52

 

Repeals

Part 1

Repeals relating to registration

 

Short title and chapter

Extent of repeal

 
 

Commons Registration Act 1965

The whole Act.

 

10

 

(c. 64)

  
 

Parliamentary Commissioner

In Schedule 4, the paragraph relating to

 
 

Act 1967 (c. 13)

Commons Commissioners.

 
 

Local Government Act 1972

Section 189(1) and (2).

 
 

(c. 70)

  

15

 

Local Government Act 1985

In Schedule 8, paragraph 10(6).

 
 

(c. 51)

  
 

Dartmoor Commons Act 1985

Section 8.

 
 

(c. xxxvii)

  
 

Common Land (Rectification of

The whole Act.

 

20

 

Registers) Act 1989 (c. 18)

  
 

Courts and Legal Services Act

In Schedule 10, paragraph 26.

 
 

1990 (c. 41)

  
 

Tribunals and Inquiries Act

In Schedule 1, in Part 1, the entry relating to

 
 

1992 (c. 53)

Commons Commissioners and assessors.

 

25

 

Judicial Pensions and

In Schedule 6, paragraph 26.

 
 

Retirement Act 1993 (c. 8)

  
 

Countryside and Rights of Way

Section 1(3)(b) and (4).

 
 

Act 2000 (c. 37)

Section 46(1).

 
  

Section 98.

 

30

 

Land Registration Act 2002

In Schedule 11, paragraph 7.

 
 

(c. 9)

  
 

Greenham and Crookham

Section 33(1).

 
 

Commons Act 2002 (c. i)

  
 

Constitutional Reform Act 2005

In Schedule 7, in paragraph 4, the entry relating

 

35

 

(c. 4)

to the Commons Registration Act 1965.

 
 

 

Commons Bill [HL]
Schedule 6 — Repeals
Part 2 — Repeals relating to works

47

 
 

Short title and chapter

Extent of repeal

 
 

Constitutional Reform Act 2005

In Schedule 14, in Part 3, the entries relating

 
 

(c. 4)—cont.

to—

 
  

(a)   

Commons Commissioner and Chief

 
  

Commons Commissioner; and

 

5

  

(b)   

Substitute Chief Commons

 
  

Commissioner.

 
 

Part 2

Repeals relating to works

 

Short title and chapter

Extent of repeal

 

10

 

Metropolitan Commons Act

Section 21.

 
 

1866 (c. 122)

  
 

Commons Act 1876 (c. 56)

In section 30, the words from “Any person

 
  

aggrieved” to the end of the section.

 
  

Section 36.

 

15

 

Commons Act 1899 (c. 30)

Section 21.

 
 

Law of Property Act 1925 (c. 20)

Section 194.

 
 

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

 
  

1925.

 

20

 

Compulsory Purchase Act 1965

In Schedule 7, the entry relating to the

 
 

(c. 56)

Commons Act 1899.

 
 

Ministry of Housing and Local

In article 12 of the Schedule—

 
 

Government Provisional

(a)   

in paragraph (1), the words “(which

 
 

Order Confirmation (Greater

consent the Minister may give in such

 

25

 

London Parks and Open

cases as he thinks fit)”; and

 
 

Spaces) Act 1967 (c. xxix)

(b)   

paragraph (3).

 
  

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

  

giving” to the end.

 
 

Norfolk and Suffolk Broads Act

In Schedule 3, paragraph 38(1)(b).

 
 

1988 (c. 4)

  
 

Local Government (Wales) Act

In Schedule 16, paragraph 7(2).

 
 

1994 (c. 19)

  

35

 

Environment Act 1995 (c. 25)

In Schedule 9, paragraph 1(2)(b).

 
 

Communications Act 2003

In Schedule 17, paragraph 3.

 
 

(c. 21)

  
 

 

 
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