Greenham and Crookham Commons Act 2002

Part 1 Preliminary

1 Short title and commencement

(1) This Act may be cited as the Greenham and Crookham Commons Act 2002.

(2) This Act shall come into force on such day or days as the Council may by resolution appoint; and the Council may appoint different days for different provisions of this Act.

(3) The Council shall cause to be published in a local newspaper circulating in the area of the Council notice of—

(a) the passing of any such resolution and of the day or days fixed by the resolution; and

(b) the general effect of the provisions of this Act coming into operation as from each day so fixed,

and no day so fixed shall be earlier than the expiration of two months from the publication of the notice.

(4) A photostatic or other reproduction certified by the officer appointed for the purpose by the Council to be a true reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice, and of the date of publication.

2 Interpretation

(1) In this Act, unless the context otherwise requires—

• “the 1949 Act” means the National Parks and Access to the Countryside Act 1949 (c. 97);

• “the 1965 Act” means the Commons Registration Act 1965 (c. 64);

• “the 1972 Act” means the Local Government Act 1972 (c. 70);

• “the 2000 Act” means the Countryside and Rights of Way Act 2000 (c. 37);

• “additional open space” means any additional open space for the time being designated as such under section 6 (Designation of additional open space) below;

• “appointed Commissioner” means a Commissioner appointed under section 7(2)(a) to (g) (Establishment of Greenham and Crookham Common Commission) below;

• “the appointed day”, in relation to any provision of this Act, means the day appointed under section 1(2) (Short title and commencement) above for the coming into force of that provision;

• “appointing body” means any body specified in section 7(2)(a) to (g) (Establishment of Greenham and Crookham Common Commission) below;

• “bicycle” means a pedal cycle and does not include a motor vehicle within the meaning of the Road Traffic Act 1988 (c. 52);

• “the Commission” means the Greenham and Crookham Common Commission constituted by this Act;

• “Commissioner” means a member of the Commission;

• “the Common” means Greenham and Crookham Common;

• “commoner” means a person for the time being entitled to exercise rights of common over the Common as provided in section 4 (Rights of common), section 5 (Restoration of extinguished rights of common) and section 33 (Disposals of rights of common) below;

• “commoners' election” means an election held for the purpose of electing Commissioners under section 7(2)(h) (Establishment of Greenham and Crookham Common Commission) below;

• “the Council” means West Berkshire District Council;

• “the deposited map” means the map of Greenham and Crookham Common deposited as recited above;

• “elected Commissioner” means a Commissioner elected under section 7(2)(h) (Establishment of Greenham and Crookham Common Commission) below;

• “the election rules” means the provisions of Schedule 2 (Rules applicable to election of Commissioners) to this Act;

• “fence” includes a wall, gate or stile;

• “financial year”, in relation to the Commission, means the period beginning with the appointed day and ending with 31 March falling on or immediately after the anniversary of the appointed day and each subsequent period ending 31 March;

• “functions” means duties and powers;

• “Greenham and Crookham Common” has the meaning given in section 3 (Definition of Greenham and Crookham Common) below;

• “highway” has the meaning given by section 328 of the Highways Act 1980 (c. 66);

• “local authority” means a county council, a district council or a parish council;

• “open-air recreation” does not include organised games;

• “regulate” includes “restrict” and related expressions shall be construed accordingly;

• “relevant interest”, in relation to any land, means the legal fee simple in the land, a legal charge or mortgage of the land or a tenancy of the land granted or extended for a term of years certain of which at the time in question not less than three years remain unexpired;

• “the returning officer” means the person for the time being discharging the duties of acting returning officer for the parliamentary constituency of Newbury for the purposes of section 28(1) of the Representation of the People Act 1983 (c. 2);

• “site of special scientific interest” means an area of land notified under section 28(1) of the Wildlife and Countryside Act 1981 (c. 69).

(2) In this Act, references to “the register” are references to the register required to be maintained under section 26 (Register to be maintained by Commission) below as the same is in force for the time being; and “registered” shall be construed accordingly.

(3) For the purposes of this Act, a person—

(a) shall be treated as being related to another if the person is the spouse, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of the other;

(b) shall be deemed to be so related notwithstanding that the person is so related only though an illegitimacy or in consequence of an adoption; and

(c) shall be deemed to be the spouse of another, notwithstanding that they are not married to each other, if they are living together as a couple.

Part 2 Principal provisions

3 Definition of Greenham and Crookham Common

(1) Subject to any addition, extinction, exchange or variation under this Act or any other enactment, the land described in subsection (2) below—

(a) shall, subject to subsection (3) below and the other provisions of this Act, be common land open to the public in perpetuity to be known as Greenham and Crookham Common, and

(b) shall be subject to the rights of common referred to in section 4 (Rights of common), section 5 (Restoration of extinguished rights of common) and section 33 (Disposals of rights of common) below.

(2) The land referred to in subsection (1) above is the land in the parishes of Greenham and Thatcham in the District of West Berkshire which is shown edged black on the deposited map but excluding any land shown coloured black, hatched black or cross-hatched black on that map.

(3) No rights of common or public access shall be exercisable over the land which is shown shaded grey on the deposited map until such day as the Council shall by resolution determine that the land is in a fit state for those rights to be exercised over it.

4 Rights of common

(1) Any person who immediately before the appointed day is entitled to exercise any rights of common over any part of the land shown edged black on the deposited map, being rights—

(a) for the time being registered (whether provisionally or finally) under the 1965 Act; or

(b) registered under the Land Registration Acts 1925 and 1936 (and not extinguished before that day),

shall, subject to the provisions of this Act, be entitled to exercise any such rights over the whole of the Common.

(2) No rights of common shall be exercisable over any land shown coloured black, hatched black or cross-hatched black on the deposited map nor over any highway on the Common.

(3) On the appointed day, the registration authority maintaining the register of common land of town and village greens under the 1965 Act which includes land specified in subsection (2) above shall modify the register so as to cancel the registration of the land so specified and of any person as owner of that land.

5 Restoration of extinguished rights of common

(1) Where—

(a) any person was entitled to exercise rights of common over any part of the land shown edged black on the deposited map;

(b) those rights were registered as mentioned in section 4(1) (Rights of common) above; and

(c) those rights were extinguished under the Defence Acts 1842 (c. 94), 1854 (c. 67) and 1859 (c. 12) and the Lands Clauses Consolidation Act 1845 (c. 18) before the passing of this Act on payment of compensation,

that person, or that person’s successor in title to the land to which the rights are appurtenant, may before the expiry of the relevant period apply to the Council for those rights to be restored in respect of the Common upon the payment (before the expiry of that period) to the Council of the requisite sum.

(2) If, on such an application, the Council are satisfied that the applicant is—

(a) a person in whose case the conditions in paragraphs (a) to (c) of subsection (1) above are satisfied; or

(b) the successor in title of such a person,

the Council shall, on payment by the applicant of the requisite sum, secure that the Commission registers the applicant as a commoner in the register in respect of the restored rights of common; and those rights of common shall be exercisable over the whole of the Common.

(3) Subsection (4) below applies to any rights of common over any part of the land shown edged black on the deposited map—

(a) which fall within subsection (1) above, and

(b) in respect of which—

(i) no application has been made under subsection (1) above before the expiry of the relevant period; or

(ii) such an application has been made before the expiry of the relevant period but the requisite sum has not been paid before the expiry of that period.

(4) The Council may, after consulting the Commission—

(a) vest any rights of common to which this subsection applies in any person holding the legal fee simple in any relevant residence for such consideration and on such terms as the Council think fit; and

(b) secure that the Commission registers the person as a commoner in the register in respect of the rights of common so vested;

and those rights of common shall attach to the relevant residence and be exercisable over the whole of the Common.

(5) All money received by the Council under this section shall be retained by the Council to reimburse the Council for the costs incurred by the Council in promoting this Act.

(6) In this section—

• “the relevant period” means the period of one year beginning with the appointed day;

• “relevant residence” means any residential property situated on land which is within the area shown stippled on the deposited map; and

• “the requisite sum” means a sum equal to the amount of the compensation mentioned in subsection (1)(c) above.

6 Designation of additional open space

(1) If the Council acquire the whole or any part of the land shown cross-hatched black on the deposited map, being land which at the time of the passing of this Act is retained by the Secretary of State pursuant to the Intermediate Range Nuclear Forces Treaty 1987, the Council may at any time designate as additional open space the whole or part of the land which they acquire.

(2) If, in the opinion of the Council, it would be in the interests of conservation or otherwise for the public benefit, the Council may from time to time designate such additional area or areas of land to be additional open space as appears or appear to the Council could conveniently be managed with the Common under the provisions of this Act.

(3) A designation under this section—

(a) may be made for an indefinite period or for such period of time as the Council may specify; and

(b) may be made subject to such limitations and exceptions as the Council may specify.

(4) No land shall be designated under subsection (2) above, except with the consent of—

(a) the Commission; and

(b) every person who has a relevant interest in the land,

and before designating any land under that subsection the Council shall consult any other local authority in whose area the land is situated.

(5) No rights of common shall be exercisable over land designated as additional open space under this section by virtue only of the land having been so designated.

(6) A designation under this section shall be made by resolution of the Council.

(7) A designation under this section may be revoked or varied by resolution of the Council passed by not less than three quarters of the members voting on the resolution at a meeting of the Council convened with not less than 10 clear days' notice of the purpose of the meeting.

(8) Any land designated as additional open space under this section shall be managed as part of the Common under the provisions of this Act.

7 Establishment of Greenham and Crookham Common Commission

(1) On the appointed day there shall be constituted a Commission to be called “the Greenham and Crookham Common Commission” for the purpose of exercising the functions assigned to it by this Act.

(2) The Commission shall consist of 20 members of whom—

(a) three shall be appointed by the Council;

(b) one shall be appointed by Greenham Parish Council;

(c) one shall be appointed by Thatcham Town Council;

(d) one shall be appointed by Newbury Town Council;

(e) one shall be appointed by English Nature;

(f) one shall be appointed by Greenham Common Community Trust Ltd, a company limited by guarantee and registered under that name;

(g) two shall be appointed by the Central Council of Physical Recreation; and

(h) ten shall be elected by the commoners in the manner provided by Part 2 of Schedule 1 and Schedule 2 to this Act.

(3) One of the persons appointed by the Council under paragraph (a) of subsection (2) above shall be a person nominated by the Association known as the Greenham and Crookham Conservation Volunteers or, if that Association ceases to exist, such other association or body as appears to the Council to have purposes similar to those of that Association.

(4) Each person appointed under paragraphs (a) to (g) of subsection (2) above shall be a person who appears to the body appointing that person to have special knowledge, experience or ability appropriate to the effective and efficient discharge by the Commission of its functions.

(5) The appointing bodies shall consult together with a view to securing, so far as reasonably practicable, that persons appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the effective and efficient discharge by them of their functions.

(6) Where—

(a) following an election held under paragraph 6 or 12 of Part 2 of Schedule 1, less than ten Commissioners are elected; or

(b) following an election held under paragraph 19 of that Part of that Schedule, a casual vacancy has not been filled,

the Commission may make up any deficiency in the number of the elected Commissioners by co-opting as Commissioners one or more commoners who were eligible for nomination at the election.

(7) The provisions of Schedule 1 (Appointment and election of Commissioners), Schedule 2 (Rules applicable to election of Commissioners) and Schedule 3 (Incidental provisions with respect to Commission) to this Act shall have effect.

8 General duty of Council and Commission

(1) The Council and the Commission shall each have a duty to use their reasonable endeavours to exercise their functions in a manner which—

(a) restores and conserves the Common as a peaceful place of natural beauty and, in particular, conserves its flora and fauna and ecological, archeological, geological and physiographical features;

(b) conserves any part of the Common which is a site of special scientific interest as such a site; and

(c) subject to paragraphs (a) and (b) above—

(i) promotes and improves grazing on the Common;

(ii) promotes educational activities related to the Common and, in particular, encourages public awareness of the ecological, cultural and historic significance of the Common and any additional open space;

(iii) manages the Common and any additional open space as a place open to the public for recreational purposes; and

(iv) facilitates the exercise of commoners' rights on the Common.

(2) Without prejudice to the generality of subsection (1) above, the Council and the Commission shall each have a duty to exercise their functions in a manner which implements the policy set out in the Management Plan.

(3) In subsection (2) above “Management Plan” means the Greenham and Crookham Common Management Plan adopted under section 9 (Greenham and Crookham Common Management Plan) below as for the time being in force.

9 Greenham and Crookham Common Management Plan

(1) The Council shall, with the approval of the Commission, before the end of the period of three years beginning with the appointed day, adopt and make available for public inspection a plan (to be known as “the Greenham and Crookham Common Management Plan”) setting out their policy with respect to the exercise by the Council and the Commission of their functions under this Act in accordance with section 8(1) above.

(2) Before adopting the Management Plan the Council shall—

(a) prepare a draft of the Management Plan in consultation with the Commission and such other bodies as appear to the Council to represent interests likely to be concerned;

(b) make the draft available for public inspection for not less than 28 days;

(c) consider any comments made in relation to the draft during, or not later than 7 days after, the period mentioned in paragraph (b) above; and

(d) make any amendments to the draft which the Council consider to be appropriate as a result of any such comments.

(3) The Council shall, in consultation with the Commission and such other bodies as appear to the Council to represent interests likely to be concerned, review the Management Plan at least once in every five years.

(4) If, as a result of any such review, the Council are of the opinion that it is appropriate to vary the Management Plan, the Council shall do so in such manner as they, with the approval of the Commission, think fit and shall adopt the Management Plan as so varied.

(5) The provisions of subsection (2) above shall apply in relation to any variation of the Management Plan as they apply in relation to the preparation of the Management Plan.

(6) In this section “Management Plan” means the Greenham and Crookham Common Management Plan.

10 Obligation to fence land against Common

Where the Council exercise any power (by virtue of a consent under section 194 of the Law of Property Act 1925 (c. 20), as applied by section 35 (Application of section 194 of Law of Property Act 1925) below or otherwise) to erect a fence between the Common or any additional open space and adjoining land, the occupier of the adjoining land shall have the obligation to repair and, where necessary, to renew the fence.

Part 3 Public access

11 Rights of public access

(1) Subject to the following provisions of this Act and compliance with all rules, regulations or byelaws relating to the Common and any additional open space and for the time being in force, the public shall have a right of access to the Common and any additional open space on foot for the purpose of open-air recreation; and a person—

(a) who enters upon such land for that purpose without breaking or damaging any fence or hedge; or

(b) who is on such land for such purpose after having so entered on the land,

shall not be treated as a trespasser on that land or incur any other liability by reason only of entering or being on the land.

(2) Subject as mentioned in subsection (1) above, the public shall have a right of access on horseback or bicycle on such defined paths or tracks over the Common and any additional open space as the Council may from time to time determine in consultation with the Commission.

(3) Subsections (1) and (2) above shall not apply to a person who, in or upon any such land—

(a) without lawful authority or written authority from the Council—

(i) rides any horse or bicycle except on such a defined path or track as is mentioned in subsection (2) above; or

(ii) drives or rides any other vehicle;

(b) hinders or obstructs—

(i) any officer or other person authorised by the Council; or

(ii) any commoner or any other person in the exercise of any right or power vested in that person.

(4) Subsections (1) and (2) above shall have effect subject to the restrictions contained in paragraphs 1 and 2 of Schedule 2 to the 2000 Act (general restrictions to be observed by persons having access to land by virtue of that Act) but with the following modifications to paragraph 1—

(a) the reference to section 2(1) of the 2000 Act shall have effect as if it were a reference to those subsections;

(b) paragraph (a) shall be omitted;

(c) paragraph (c) shall not preclude a person riding a horse on such a defined path or track as is mentioned in subsection (2) above; and

(d) paragraph (1) shall have effect as if after “plant”, in both places where it occurs, there were inserted “, fungus”.

(5) Subsections (1) and (2) above shall not apply to land which for the time being is excepted land within the meaning of section 1(2) of the 2000 Act.

(6) Nothing in this section shall affect the exercise of powers under any enactment whereby access to the Common or additional open space may be regulated or prohibited.

(7) Subsections (4) and (5) above have effect subject to section 42 (Transitional provisions) below.

12 Effect of public access on owners' rights and liabilities

(1) The Occupiers' Liability Act 1957 (c. 31) shall have effect as if in section 1 each reference to a right conferred by section 2(1) of the 2000 Act included a reference to a right conferred by section 11 (Rights of public access) of this Act.

(2) Any restriction arising under a covenant or otherwise as to the use of any land comprised in the Common or any additional open space shall have effect subject to the provisions of this Part of this Act and any liability of a person interested in such land in respect of such a restriction shall be limited accordingly.

(3) For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across any land at any time while it is comprised in the Common or any additional open space shall be disregarded.

(4) Subsection (1) above has effect subject to section 42 (Transitional provisions) below.

13 Map of land subject to public access

(1) The Council shall prepare and keep up-to-date a map on a scale not less than 1:5000 showing—

(a) the Common;

(b) any additional open space for the time being designated under section 6 (Designation of additional open space) above; and

(c) any highways over the Common or any additional open space.

(2) The Council shall—

(a) send a copy of the map (and every subsequent revision of the map) to Ordnance Survey; and

(b) make a copy of the map available for inspection by the public at each principal public library in the area of the Council and at such other place or places as the Council may determine.

(3) The Council shall display at places where the public obtain access to the land—

(a) reproductions of the map on an appropriate scale; and

(b) notices specifying any restrictions on access to the land or any part of the land, whether the restrictions have effect by virtue of any of the provisions of this Part of this Act or otherwise.

14 Power to restrict public access

(1) The Council may regulate or prohibit for such a period as, in their opinion is reasonably necessary, public access to any part of the Common or any additional open space (including any path or track) if they think it reasonably necessary in the interests of public safety or for the purpose of—

(a) the restoration or conservation of the natural beauty of the Common or any additional open space;

(b) the restoration or conservation of the suitability for grazing or recreation of that part of the Common or any additional open space;

(c) the preservation of trees or shrubs planted on that part;

(d) the protection of animals pastured on the Common or any additional open space;

(e) the protection of ground nesting birds; or

(f) the prevention of the risk of fire.

(2) During the currency of any such regulation or prohibition, the right of access of the public and the exercise of rights of common over the land concerned and all other interests affected shall be subject to the regulation or prohibition.

(3) Before exercising any power under subsection (1) above, the Council shall obtain the consent of the Commission except in emergency or where—

(a) the area of the land concerned is less than two hectares; or

(b) the duration of the regulation or prohibition is for a period not exceeding 30 days.

(4) Where the Council regulate or prohibit public access to any land—

(a) they may fence the land for the purpose of securing compliance with the regulation or prohibition; and

(b) they shall display on the land such notices as they consider are reasonably required to inform members of the public of the regulation or prohibition and the duration of, and the reason for, the regulation or prohibition.

(5) Nothing in this section shall authorise the Council—

(a) to close, or restrict the right of members of the public to pass along, any highway; or

(b) to regulate or prohibit access to any land by the owner of the land or by any person acting on behalf of the owner.

15 Power to make byelaws

(1) The Council may make and enforce byelaws for any of the following purposes—

(a) the conservation of the natural beauty of the Common and any additional open space;

(b) the preservation of order and the prevention of nuisances on that land;

(c) the good management of that land;

(d) to secure that persons on the land will so behave themselves as to avoid undue interference with the enjoyment of the land by other persons or the exercise of rights of common; and

(e) to secure public safety.

(2) Without prejudice to the generality of subsection (1) above, byelaws under this section may—

(a) regulate or prohibit the lighting of fires;

(b) regulate or prohibit the use of the Common and any additional open space for any particular purpose;

(c) make provision for the control of dogs and other animals;

(d) make provision that a person contravening the byelaws shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Byelaws under this section—

(a) may relate to the whole or any part of the Common;

(b) may relate to specified additional open space or to all additional open space for the time being designated (whether before or after the making of the byelaws) under section 6 (Designation of additional open space) above (subject to such exceptions as may be specified); and

(c) may make different provision for different cases and in relation to different parts of such land.

(4) Before making any byelaws under this section the Council shall consult with the Commission and with any body appearing to them to be representative of persons who may be affected by the byelaws.

(5) Sections 236 and 238 of the 1972 Act (which respectively relate to the procedure for making byelaws and provide for the proof of byelaws in legal proceedings) shall apply to byelaws made under this section; and the confirming authority for the purposes of section 236 of that Act shall be the Secretary of State.

(6) The Council may appoint such number of persons as may appear to them to be necessary or expedient to act as rangers as respects the Common and any additional open space; and subsections (3) and (4) of section 92 of the 1949 Act (which confer certain powers on wardens for the enforcement of byelaws under that Act) shall apply in relation to rangers appointed under this section as they apply in relation to wardens appointed under that Act.

16 Power to provide parking spaces

(1) Subject to subsection (3) below, to facilitate the exercise of public access to the Common and any additional open space, the Council may—

(a) on any such land secure the provision (whether by the Council or by any other person) of parking spaces and means of access to and egress from parking spaces; and

(b) for that purpose carry out such work as may appear to them to be necessary or expedient.

(2) Subject to subsection (3) below but without prejudice to section 20 (Ancillary provisions relating to Council’s functions) below, the Council may make such charges for the use of parking spaces provided by them under this section, and may erect such devices for the collection of charges and controlling such use, as they think fit.

(3) The Council shall not make any provision for parking spaces, or make charges for the use of parking spaces, under this section except with the consent of the Commission.

17 Power to provide other facilities

(1) Subject to subsection (2) below, the Council may, with the consent of the Commission, on the Common or any additional open space—

(a) provide, maintain, alter, improve or remove cattle grids;

(b) lay out tracks and paths suitably surfaced in gravel or other material which is in keeping with the Common or any additional open space—

(i) for use by persons on horseback or on bicycles,

(ii) to facilitate access to the Common and any additional open space by disabled persons and other members of the public, or

(iii) to facilitate access over the Common and any additional open space to adjoining land;

(c) provide receptacles for refuse or litter;

(d) provide picnic sites;

(e) provide public sanitary conveniences.

(2) The facilities specified in subsection (1)(d) or (e) above shall not be provided on the Common.

(3) For the purposes set out in section 8(1)(a) to (c) (General duty of Council and Commission) above (but not otherwise) the Council may, with the consent of the Commission, make provision for the construction of such other works on the Common or any additional open space as the Council think fit.

18 Exchange of common land

(1) If the Council consider that it will be conducive to the attainment of all or any of the purposes set out in section 8(1) (a) to (c) (General duty of Council and Commission) above, the Council may, subject to the provisions of this section, exchange for any land forming part of the Common (“the land disposed of”) other land (“the exchange land”).

(2) The Council may not exercise the power under subsection (1) above, unless it is satisfied that the requirement of subsection (3)(a) or (b) below is met.

(3) The requirement of this subsection is—

(a) that there has been or will be given in exchange for such land, other land, not being less in area and being equally advantageous to the persons entitled to rights of common and to the public and that the land given in exchange has been or will be vested in the Council; or

(b) that the effect of the exchange will be to improve the conservation and management of the Common as a whole and benefit the neighbourhood.

(4) Upon the exchange of any land under this section—

(a) the land disposed of shall cease for all purposes to form part of the Common and shall be freed from all rights and obligations whatsoever attaching to the land by virtue of its having been common land (whether under this Act, any other enactment or otherwise) but shall remain subject to any other rights to which it was subject before the exchange; and

(b) the exchange land shall become part of the Common and subject to all rights and obligations under this Act and any other enactment or rule of law to which the land disposed of was subject.

(5) The Council may only exercise the power under subsection (1) above—

(a) where the area of the land to be disposed of is less than five hectares, with the prior approval of either the Secretary of State or the Commission; or

(b) in any other case, with the prior approval of the Secretary of State.

(6) Before making an application to the Secretary of State or the Commission for approval under subsection (5) above, the Council shall publish the required notice in a local newspaper circulating in the area of the Common.

(7) The required notice is a notice—

(a) stating that the Council proposes to apply to the Secreatary of State or the Commission for consent to exchange land under subsection (5) above;

(b) naming the Council’s offices or another place in the area of the Council where a plan showing the location of the land to be disposed of and the exchange land can be inspected free of charge, and copies may be obtained at a reasonable charge, at all reasonable hours; and

(c) specifying the period of time (not being less than 21 days from the date of the notice) within which, and the manner in which, any person may serve on the Council any written representations with respect to the proposed exchange.

(8) The Council—

(a) shall consider any written representations duly made under subsection (7) above; and

(b) may withdraw the proposal, or make any modifications to it, in the light of any such representations.

(9) If the Council do not withdraw the proposal, they may apply to the Secretary of State or the Commission for consent under subsection (5) above to the proposed exchange (whether as originally made or as modified under subsection (8) above) and shall send to the Secretary of State or the Commission with the application a copy of any written representation duly made under subsection (7) above which has not been withdrawn.

(10) Neither the Secretary of State nor the Commission shall give an approval to the exchange of any land under subsection (5) above unless the Secretary of State or, as the case may be, the Commission—

(a) is satisfied that the requirement of subsection (3)(a) or (b) above is met; and

(b) has considered any written representations duly made under subsection (7) above.

(11) The provisions of section 123 of the 1972 Act (disposal of land by principal councils) shall not apply in relation to any disposal of land by the Council as part of an exchange of land under this section.

19 Special events and activities

(1) The Council may, with the consent of the Commission, authorise the holding on the Common or any additional open space of any festival or sporting or other special event which would otherwise be contrary to byelaws made under section 15 (Power to make byelaws) above if the Council considers that the holding of the festival or event will be conducive to the attainment of all or any of the purposes set out in section 8(1) (a) to (c) (General duty of Council and Commission) above.

(2) Any such authorisation may be given on such terms (including the payment of a fee) and subject to such conditions and restrictions as the Council may determine.

(3) Any fee received by the Council under subsection (2) above in respect of the holding of a festival or event, after deduction of such amount as the Council may determine to be reasonably necessary to reimburse the Council for any expenditure incurred by the Council in respect of the holding of the festival or event, shall be paid by the Council to the Commission.

(4) Subject to subsection (5) below, the Council may set aside any part of the Common and any additional open space for the exclusive use for any specified form of, or any specified, recreational or educational activity; and land may be so set aside for such use for such period or periods, or during such time or times of the day, as the Council may determine.

(5) The power in subsection (4) above may only be exercised with the prior approval of the Commission in any case where—

(a) the area of the land set aside exceeds two hectares; or

(b) the land is set aside for a period of more than 7 consecutive days.

20 Ancillary provisions relating to Council’s functions

(1) Notwithstanding section 101 of the 1972 Act (discharge of any of the functions of a local authority by a committee, sub-committee, an officer of the authority or by any other local authority), the Council shall not delegate their functions under section 1(2) (Short title and commencement), section 6 (Designation of additional open space), section 8 (General duty of Council and Commission) or section 9(1) and (4) (Greenham and Crookham Common Management Plan) above.

(2) Without prejudice to section 101 of the 1972 Act but subject to subsection (1) above, the Council may arrange for the discharge of any of their functions under this Act—

(a) by the Commission; or

(b) by such other person as the Council may think fit,

and different functions may be discharged by different persons.

(3) The Council may provide services relating to or connected with the management of the Common to the Commission.

(4) The Council shall have power to make reasonable charges for any facilities or services provided by them under this Act to the Commission or any other person and may arrange for any such facilities or services to be provided by some other person, and, where they have made arrangements for such facilities or services to be provided by some other person, may authorise that person to make reasonable charges.

(5) Services and facilities for which charges may be made under subsection (4) above include the use of any picnic site and the use of any part of the Common or any additional open space set aside under section 19(4) (Special events and activities) above for any specified form of, or specified, recreational or educational activity.

(6) Any power of the Council under this Act to provide any services or facilities shall include power to enter into agreements with any other person for the use, on such terms as may be agreed, of any services or facilities provided by, or under the control of, that other person.

Part 4 Conservation of common

21 Functions of Commission

(1) It shall be the duty of the Commission, acting in consultation with the Council and for the purposes set out in section 8(1)(a) to (c) (General duty of Council and Commission) above, to take such steps as appear to it to be necessary and reasonably practicable for—

(a) the improvement and maintenance of the Common and any additional open space, and

(b) the promotion of proper standards of livestock husbandry on that land (including the assessment of the number of animals which can properly be grazed on the Common from time to time).

(2) Subject to the provisions of this Act, the Commission may, with the Council’s consent, do anything which is designed to facilitate, or is conducive or incidental to, the discharge of any of its functions and, in particular, the attainment of the purposes set out in section 8(1)(a) to (c) (General duty of Council and Commission) above.

(3) Without prejudice to the generality of subsection (2) above, the Commission, with the Council’s consent, may—

(a) render assistance to any commoner in the maintenance of the commoner’s rights of common;

(b) enter into agreements with the owner of any land in the vicinity of the Common which the Commission consider can conveniently be managed with the Common for the management by the Commission of grazing on the land;

(c) apply for and receive grants and other gifts subject to such conditions (if any) as to repayment or otherwise as the Commission may accept; and

(d) engage, or participate in, fund-raising activities including the holding of public collections or the making of public appeals.

(4) Subject to subsection (5) below, the provisions of sections 65 to 71, 73 and 74 of the Charities Act 1992 (c. 41) (which regulate public charitable collections and charitable appeals) shall apply in relation to public collections and public appeals by the Commission under subsection (3) above as if they were respectively public charitable collections and charitable appeals for the purposes of Part III of that Act.

(5) Until the coming into force of Part III of the Charities Act 1992 (c. 41), the provisions of—

(a) the Police, Factories, etc. (Miscellaneous Provisions) Act 1916 (c. 31); and

(b) the House to House Collections Act 1939 (c. 44),

(and any regulations made under either of those Acts) shall apply in relation to a collection or sale of articles by the Commission for any of the purposes set out in paragraphs (a) to (d) of section 8(1) (General duty of Council and Commission) above as if the collection or sale were for a charitable purpose.

22 Grazing agreements

(1) Subject to subsections (2) to (4) below, the Commission may enter into agreements, on such terms (including the payment of grazing fees) and subject to such conditions as the Council may approve, permitting any person to graze animals over the whole or any part of—

(a) the Common;

(b) any additional open space which is subject to rights of common;

(c) any additional open space which is not so subject; or

(d) any land which is subject to an agreement made under section 21(3)(b) (Functions of Commission) above.

(2) The Commission shall not enter into a grazing agreement under this section in respect of—

(a) the Common;

(b) any part of the Common; or

(c) any additional open space falling within subsection (1)(b) above,

unless the Commission is satisfied that the exercise of grazing rights under the agreement will not, when taken together with such rights of common as are normally exercised over the land in question, result in that land being grazed by a number of animals, or animals of any description, which exceeds any number fixed under regulations as mentioned in section 23(3) (Regulations as to management of commoners' rights) below.

(3) The Council may, after consultation with the Commission, fix the maximum number of animals or animals of any description which may, in any financial year, be grazed on any land falling within paragraph (a), (b), (c) or (d) of subsection (1) above; and the total number of animals, or animals of any description, permitted to be grazed on any such land shall not exceed any number so fixed.

(4) Without prejudice to the generality of subsection (3) above, the Council may determine that, in any financial year, no animals or no animals of any particular description may be grazed on any land falling within paragraph (a), (b), (c) or (d) of subsection (1) above.

(5) Nothing in subsection (3) or (4) above shall affect any rights of common.

(6) Subject to subsection (7) below, all grazing fees received by the Commission under agreements entered into under this section—

(a) shall be paid by the Commission to the Council to reimburse the Council for the costs incurred by the Council in promoting this Act; and

(b) if those costs have been fully recovered by the Council, or if and to the extent that the Council waive or defer their right to receive grazing fees under this subsection, shall be retained by the Commission for the discharge of its functions under this Act.

(7) Until such time as those costs have been fully recovered by the Council, the Commission may retain from the grazing fees received in any financial year a sum not exceeding £1000 (or such greater sum as the Council may agree) for the discharge of its functions under this Act.

23 Regulations as to management of commoners' rights

(1) The Commission may, with the prior approval of the Council, make regulations to secure the good management of the Common as respects the exercise of rights of common and the good husbandry of animals grazed on the Common.

(2) Without prejudice to the generality of subsection (1) above, regulations under this section may make provision—

(a) modifying or restricting the exercise on the Common of any rights of turbary, estovers or taking sand, gravel, stone, clay or otherwise interfering with the soil so far as the Commission may think necessary to protect the Common, including provision restricting the exercise of any such rights to specified parts of the Common;

(b) to ensure the good husbandry and maintenance of the health of all animals grazed on the Common;

(c) to ensure that the Common is not over grazed;

(d) to ensure that all animals grazed on the Common are from their introduction duly hefted or flocked and that their ownership may be identified by means of a mark, tag or other method;

(e) to control or exclude stallions, rams, bulls or other male entire animals which are commonable and to prescribe, or provide for prescribing, conditions (as to time or as to the class, description, age or characteristics of animals) under which male entire animals which are commonable may be grazed on the Common;

(f) to ensure that any dead commonable animal is, whenever reasonably practicable, removed from the Common as soon as possible after its death has occurred;

(g) to exclude from grazing on the Common shod horses or ponies and other animals not entitled to be on the Common or any animal which, in the opinion of the Commission, either has become unthrifty or is in such a condition that to allow it to remain grazed on the Common would be likely to cause it unnecessary suffering;

(h) to regulate or prohibit the burning of heather, gorse, grass and bracken on the Common;

(i) to exclude from grazing on the Common, for such periods as appear reasonably necessary, all animals, or animals of a particular description, where the Commission is satisfied that such exclusion is necessary for the maintenance of the Common or for the promotion of proper standards of livestock husbandry;

(j) generally to regulate the exercise of rights of common of all kinds and rights or privileges having a similar subject matter as rights of common (including rights of grazing deriving otherwise than from rights of common) over the Common;

(k) to prohibit the use of the Common for grazing or other uses having a similar subject matter as rights of common by persons purporting to exercise rights in excess of their entitlement or by persons not entitled to such rights either as commoners or otherwise.

(3) Regulations made under subsection (2)(c) above may fix or provide for the fixing, for each financial year, of the number of animals or animals of any description which from time to time may be grazed on the Common by virtue of a right of common or of any other right or privilege; and any such regulation—

(a) shall, so far as is reasonably practicable, impose on all holders of the like rights or privileges a proportionately similar variation;

(b) shall not reduce the entitlement of a commoner to graze animals on the Common so as, in any circumstances, to preclude the grazing of two or less animals; and

(c) shall provide that a person aggrieved by the reduction of the number of animals which may be grazed by that person on any part of the Common shall have a right of appeal to an arbitrator who shall be appointed in such manner and on such terms as may be provided by the regulations.

(4) Regulations under this section shall not—

(a) except as provided in subsection (2)(i) above, prevent rights of pasturage being exercised over any part of the Common;

(b) impose restrictions or obligations respecting the exercise of any such rights or other rights or privileges, so as to discriminate between rights of the same class or character;

(c) increase the number of animals which a commoner may graze on the Common to a number exceeding that recorded in the register maintained under the 1965 Act as the entitlement in respect of the right which he exercises.

(5) Regulations under this section may make provision—

(a) for the detention by any person authorised by the Commission of any animal found on the Common in contravention of the regulations;

(b) for the recovery by the Commission of the cost of such detention including the cost of the animal’s proper maintenance and of any reasonably necessary treatment for it; and

(c) for the sale of the animal by the Commission subject to compliance with such conditions as to the giving of notice to the owner of the animal (if it is known to whom it belongs) and otherwise, as may be prescribed in the regulations; and

(d) for the recovery by the Commission of the cost of removing any dead commonable animal under regulations made under subsection (2)(f) above.

(6) Regulations under this section may—

(a) make provision that a person contravening the regulations shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale; and

(b) may be made so as to relate—

(i) either to the whole or to any part of the Common;

(ii) not only to the Common but also to any additional open space (or any part of such space) which is used for the exercise of any such rights and privileges as are mentioned in subsection (2)(j) above;

(iii) to any land which is subject to an agreement made under section 21(3)(b) (Functions of Commission) above where that agreement provides that regulations may apply to that land so as to bind the persons who entered into the agreement, their successors in title or any person deriving title under them;

and may make different provision for different cases and in relation to different parts of such land.

24 Procedure for making regulations

(1) Sections 236 and 238 of the 1972 Act (which respectively relate to the procedure for making byelaws by local authorities and provide for the proof of byelaws in legal proceedings) shall apply to regulations made by the Commission under this section as they apply to byelaws made by a district council, as if—

(a) references to byelaws were references to regulations under this section;

(b) references to a district council were references to the Commission;

(c) references to the area to which the byelaws are to apply were references to the Common and any other land to which the regulations apply; and

(d) references to the proper officer of a district council were references to a person appointed for that purpose by the Commission;

and the confirming authority for the purposes of section 236 of that Act shall be the Secretary of State.

(2) Not less than 42 days before making application to the Secretary of State for confirmation of regulations under this section, the Commission shall serve a copy of the regulations and of this section on every commoner registered on the register.

(3) If any written representations are served on the Commission by any such commoner before the expiry of the period of 42 days beginning with the date of the service of the notice, and not withdrawn, the Commission shall send a copy of the representations to the Secretary of State with the application for confirmation of the regulations.

(4) The Secretary of State shall take account of any such representations in deciding whether to confirm the regulations.

25 Appointment of reeves

(1) The Commission shall appoint such persons as it thinks necessary to act as reeves for the purpose of enforcing or securing compliance with regulations made under section 23 (Regulations as to management of commoners' rights) above.

(2) Any person so appointed and acting pursuant to this section shall carry a warrant issued by the Commission as to that appointment and shall produce it if required.

26 Register to be maintained by Commission

(1) As soon as reasonably practicable after the appointed day, the Commission shall prepare a register of commoners in accordance with this section; and shall subsequently maintain that register.

(2) There shall be recorded in the register the following particulars—

(a) the name and address of each person who, as provided by section 4 (Rights of common) or section 5 (Restoration of extinguished rights of common) above or section 33 (Disposals of rights of common) below, is entitled to graze an animal or animals on the Common and who exercises that right at any time during the year;

(b) the name and address of each person who, as provided by section 4 or 5 above or section 33 below, is entitled to exercise any other right of common on the Common and who exercises that right at any time during the year;

(c) the name and address of any person who, as provided by section 4 or 5 above or section 33 below, is entitled to graze an animal or animals on the Common but does not exercise that right and who applies to be entered in the register in accordance with subsection (6) below;

(d) the name and address of any person who, as provided by section 4 or 5 above or section 33 below, is entitled to exercise any other right of common on the Common but does not exercise that right and who applies to be entered in the register in accordance with subsection (6) below;

(e) as respects each person falling within paragraph (a), (b), (c) or (d) above, a description of the land to which the right of common concerned is appurtenant;

(f) as respects each person falling within paragraph (a) above, the number of animals which for the time being that person grazes on the Common and the mark, tag or other method by which the ownership of those animals may be identified;

(g) as respects each person falling within paragraph (c) above, the number of animals which that person is entitled to graze on the Common;

(h) where two or more persons are commoners by virtue of a joint holding and have applied under subsection (7) below for one of their number or a relative to be recorded as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act, the name of that last mentioned person;

(i) where a person entered in the register has applied under subsection (8) below for a relative to be recorded as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act, the name of that relative; and

(j) such other particulars in relation to each registered commoner as the Commission thinks fit.

(3) The secretary of the Commission may, after giving written notice to any person who is recorded in the register, make such amendments to any registered particulars relating to that person as the Commission considers to be necessary (including, if the secretary considers that that person is no longer a commoner, the deletion of the entry relating to that person).

(4) Any commoner who has grazed an animal or animals, or who has exercised any other rights of common, on any part of the Common in the period of 12 months ending on the appointed day shall, within the period of 28 days beginning with the appointed day, apply to the secretary of the Commission to be registered and give the secretary of the Commission such particulars as are reasonably required to be recorded in the register.

(5) After the appointed day, any other person who—

(a) is not for the time being registered under subsection (2)(a) or (b) above (as the case may be);

(b) is entitled as provided by section 4 or 5 above or section 33 below to exercise a right of common on the Common; and

(c) proposes to exercise that right,

shall not less than 28 days before exercising that right apply to the secretary of the Commission to be registered and shall give the secretary such particulars as are reasonably required to be recorded in the register.

(6) Any person falling within subsection (2)(c) or (d) above, may apply to the secretary of the Commission to be entered in the register as a commoner and, on giving the secretary such particulars as are reasonably required to be recorded in the register, shall be entitled to be so registered.

(7) Where two or more persons are commoners by virtue of a joint holding, they may from time to time jointly nominate one of their number, or a relative of any one of them, as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act, and may apply for the nomination to be recorded in the register.

(8) A person who is entered in the register may from time to time nominate a relative as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act in respect of the relevant rights of common; and may apply for the nomination to be recorded in the register.

(9) A relative nominated and recorded in the register as entitled to vote under subsection (7) or (8) above shall be entitled to vote and eligible for nomination for election under Schedule 1 (Appointment and election of Commissioners) to this Act until—

(a) the nomination is withdrawn; or

(b) the person entered in the register as a commoner ceases to be a commoner or, in the case of a joint holding, all the persons so entered cease to be commoners.

(10) Any person who is entered in the register shall, if that person ceases to be a commoner or if there is any other change in the relevant particulars recorded in the register, notify the secretary of the Commission of the change not later than 28 days after the change has taken place.

(11) Any person who is entered in the register in respect of rights of common may, if that person ceases to exercise those rights (or, being a person falling within subsection (2)(c) or (d) above, no longer wishes to be entered on the register), apply to the secretary of the Commission to be removed from the register.

(12) Any person who, without reasonable excuse—

(a) exercises a right of common without being entered in the register in respect of that right;

(b) fails to apply for registration, or to give any particulars required, under paragraph (4), (5) or (10) above; or

(c) gives under this section any particulars which that person knows to be false or misleading,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(13) Any member of the public may at any reasonable time and without charge inspect the register.

27 Appeals against refusal to register, etc.

(1) Any person who is aggrieved—

(a) by the refusal of the secretary of the Commission to enter that person in, or remove that person from, the register;

(b) by being removed from the register;

(c) by being entered on the register;

(d) by the particulars recorded in the register as respects that person; or

(e) by any amendment made to those particulars,

may give notice of the complaint to the secretary of the Commission.

(2) On any such complaint, the Commission or a committee of the Commission appointed for that purpose shall consider the complaint and shall give written notice of its decision to the complainant.

(3) Unless the Commission or the committee determine to accept the complaint without hearing the complainant, it shall give the complainant an opportunity of appearing before and being heard by the Commission or the committee in support of the complaint before making its decision.

(4) Any person aggrieved—

(a) by a decision under this section of the Commission or a committee of the Commission; or

(b) by the failure of the Commission or a committee of the Commission to reach a decision on a complaint made under this section within 42 days of the date of the complaint;

may appeal to a magistrates' court and sections 300 to 302 of the Public Health Act 1936 (c. 49) shall apply to any appeal under this subsection as they apply to an appeal under any provision of that Act.

Part 5 Financial provisions

28 Funding of Commission

Any expenditure incurred by the Commission in discharging its functions under this Act shall be met from the following receipts—

(a) amounts paid to the Commission by the Council under section 19(3) (Special events and activities) above;

(b) grants and gifts received under section 21(3)(c) and (d) (Functions of Commission) above; and

(c) grazing fees, or amounts in respect of grazing fees, retained by the Commission as provided by section 22(6) and (7) (Grazing agreements) above.

29 Accounts of Commission

(1) The Commission shall—

(a) keep proper accounts of all sums received or paid by it and proper records in relation to those accounts;

(b) prepare in respect of each financial year a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Commission; and

(c) prepare in respect of each financial year an annual report relating to the discharge of its functions under this Act.

(2) The Commission’s accounts for each financial year shall be audited by an auditor or auditors appointed by the Commission; and no person shall be eligible to be appointed as an auditor under this section unless he is eligible under Part II of the Companies Act 1989 (c. 40) for appointment as an auditor for a company (not being an unquoted company).

(3) As soon as practicable after the completion of the audit, the secretary of the Commission shall forward to the officer appointed for that purpose by the Council a copy of the audited accounts and of any report to the Commission made by the auditor.

(4) Any member of the public may at any reasonable time and without charge inspect the audited accounts for the last three financial years for which audited accounts have been prepared.

(5) As soon as practicable after the preparation of the statement of accounts and the annual report under subsection (1)(b) and (c) above the Commission shall—

(a) forward a copy of the statement of accounts and the report to the officer appointed for that purpose by the Council; and

(b) make a copy of the statement of accounts and the report available for inspection by the public at each principal public library in the area of the Council.

Part 6 Miscellaneous and supplementary

30 Power to modify constitution of Commission

(1) The Council, after consulting the Commission, may make a scheme altering the constitution of the Commission.

(2) The Council shall if so requested by an appointing body, make a scheme which—

(a) discharges the appointing body from its functions under this Act; and

(b) alters the constitution of the Commission by the removal of the member or members appointed by the appointing body;

and such a scheme may make such other provision altering the constitution of the Commission, as the Council, after consulting the Commission, think necessary or expedient in consequence of paragraphs (a) and (b) above.

(3) A scheme under this section —

(a) may make new provision in place of section 7 (Establishment of Greenham and Crookham Common Commission) above and Schedule 1 (Appointment and election of Commissioners), Schedule 2 (Rules applicable to election of Commissioners) and Schedule 3 (Incidental provisions with respect to Commission) to this Act, or

(b) may make any amendment to those provisions.

(4) A scheme under this section shall not have effect unless it is confirmed by the Secretary of State by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Before making an application to the Secretary of State for confirmation of a scheme under this section, the Council shall—

(a) publish the required notice in a local newspaper circulating in the area of the Common; and

(b) serve the required notice with a copy of the scheme and of this section on—

(i) the Commission;

(ii) each of the appointing bodies; and

(iii) such other bodies as appear to the Council to represent interests likely to be concerned.

(6) The required notice is a notice—

(a) stating that the scheme has been made and is about to be submitted to the Secretary of State for confirmation;

(b) in the case of a scheme made under subsection (2) above, naming the appointing body and stating that the body has requested the Council to make a scheme discharging the body from its functions under the Act and altering the constitution of the Commission by the removal of the member or members appointed by the appointing body;

(c) explaining the general effect of the scheme;

(d) naming the Council’s offices or another place in the area of the Common where a copy of the scheme can be inspected free of charge, and copies may be obtained at a reasonable charge, at all reasonable hours; and

(e) specifying the period of time (not being less than 42 days from the date of the notice) within which, and the manner in which, any person may serve on the Council any written representations with respect to the scheme.

(7) The Council—

(a) shall consider any written representations duly made under subsection (4) above; and

(b) may withdraw the scheme, or make any modifications to it, in the light of any such representations.

(8) If the Council do not withdraw the scheme, they may apply to the Secretary of State for confirmation of the scheme (whether as originally made or as modified under subsection (5) above) and shall send to the Secretary of State with the application a copy of any written representation duly made under subsection (4) above which has not been withdrawn.

(9) The Secretary of State shall take account of any such representation in deciding whether to confirm the scheme.

31 Power to grant easements over Common, etc.

(1) The Council may, over any relevant land, grant to the owner or occupier of any land on or adjacent to the Common or any additional open space such easements or other rights for access (with or without vehicles) or services to or in connection with the land as the Council may think fit.

(2) Any such easements or rights may be granted on such terms (including the payment of charges, whether periodic or otherwise) and subject to such conditions as the Council may think fit.

(3) In subsection (1) above “relevant land” means the Common and any additional open space owned by the Council.

32 Power to authorise vehicles to enter Common, etc.

(1) The Council may authorise an officer of the Council or any other person to enter the Common or any additional open space with a vehicle subject to such conditions and restrictions as the Council may think fit.

(2) An authority under this section may only be exercised for the purposes of the discharge of functions under this Act, emergency purposes or another purpose consistent with section 8(1)(a) to (c) (General duty of Council and Commission) above.

(3) Except in the case of emergency, an authority under this section shall be given in writing.

33 Disposals of rights of common

(1) Notwithstanding any enactment or rule of law, a right of common upon any part of the Common shall not be severable from any land or tenement with which it was held on the appointed day except as provided in this section.

(2) A person entitled to exercise a right of common upon any part of the Common may transfer the right without the land or tenement to which it is appurtenant to another person if, and only if, the transferee holds the legal fee simple in a relevant residence; and the right shall attach to the relevant residence.

(3) A person entitled to exercise a right of common upon any part of the Common may let or license the right on an annual basis (without the land or tenement to which it is appurtenant).

(4) In the case of a transfer of a right of common under subsection (2) above—

(a) the transferor shall give notice of the transfer to the secretary of the Commission who shall record the name and address of the transferee, in place of the transferor, as the person entitled to exercise the right; and

(b) subject to section 26(7) and (8) (Register to be maintained by Commission) above, the transferee shall be entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act.

(5) In the case of the letting or licensing of a right of common under subsection (3) above—

(a) the registered commoner shall give notice of the letting or licensing to the secretary of the Commission for noting in the register, and

(b) no changes shall be made to the name and address of the person shown in the register as entitled to graze or exercise any other right of common or to the name of the person recorded as the person entitled to vote for the purposes of Schedule 1 (Appointment and election of Commissioners) to this Act.

(6) In this section “relevant residence” has the same meaning as in section 5 (Restoration of extinguished rights of common) above.

34 Provisions of Act to replace 1983 Scheme

(1) Subject to subsections (2) and (3) below, on the appointed day the scheme dated 26 July 1983 (“the 1983 Scheme”) made under the Commons Act 1899 (c. 30) by the Newbury District Council (which is superseded by the provisions of this Act) shall cease to have effect.

(2) Notwithstanding the repeal of the 1983 Scheme, the byelaws made in pursuance of that Scheme on 10 August 1983 (which were confirmed by the Secretary of State on 7 November 1983)—

(a) shall continue in force as if made under section 15 (Power to make byelaws) above until revoked and replaced by byelaws made under that section; and

(b) while so in force shall be extended so as to have effect in relation to the whole of the Common and any additional open space.

(3) Nothing in this section shall affect the 1983 Scheme, or the byelaws made in pursuance of that Scheme, in their application to the land known as Stroud Green in the parish of Greenham in the district of West Berkshire.

35 Application of section 194 of Law of Property Act 1925

(1) Subject to subsection (2) below, the provisions of section 194 of the Law of Property Act 1925 (c. 20) (which prohibit the carrying out of certain works on commons without the consent of the Secretary of State) shall apply to the Common as they apply to land which is subject to rights of common.

(2) The provisions of that section shall not apply in relation to the erection of any fence under section 14(4) (Power to restrict public access) above.

36 Local inquiries

(1) The Secretary of State may cause such local inquiries to be held as the Secretary of State may consider to be necessary for the purposes of any of the Secretary of State’s functions under this Act.

(2) Subsections (2) to (5) of section 250 of the 1972 Act shall apply in relation to any such inquiry as if it were an inquiry held in pursuance of subsection (1) of that section and the Commission were a local authority.

37 Service of notices

(1) A notice or other document required or authorised to be served for the purposes of this Act may be served by post.

(2) Where the person on whom a notice or other document to be served for the purposes of this Act is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of the body.

(3) For the purposes of section 7 of the Interpretation Act 1978 (c. 30) as it applies for the purpose of this section, the proper address of any person in relation to the service on the person of a notice or document under subsection (1) above is, if the person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of the body corporate, the registered or principal office of that body;

(b) in the case of a commoner who is entered in the register, the address for the time being recorded in the register as the commoner’s address; and

(c) in any other case the person’s last known address at the time of service.

(4) This section shall not be taken to exclude the employment of any method of service not expressly provided for by it.

38 Saving for certain statutory undertakers

(1) Nothing in this Act, or in any byelaw or regulation made under this Act, shall prejudice or affect—

(a) the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system;

(b) the rights of any undertakers to lay, erect, maintain, inspect, repair, renew or remove any apparatus or works in, under, over, across, along or upon the Common or any additional land;

or prohibit or regulate the use by the operator of a telecommunications code system, or by any undertakers, of equipment or the erection of structures required in connection with the exercise of their respective rights.

(2) In this section—

(a) “telecommunications code”, “telecommunications code system” and “operator” have the meanings given to them in paragraph 1(1) of Schedule 4 to the Telecommunications Act 1984 (c. 12);

(b) “undertakers” means any person authorised to carry on in the area of which the Common or any additional open space forms part—

(i) an undertaking for the supply of gas;

(ii) an undertaking for the supply of water;

(iii) an undertaking for the generation, transmission or supply of electricity;

(iv) a sewerage undertaking; or

(v) an oil undertaking; and

(c) “apparatus” means—

(i) in the case of gas, water or sewerage undertakers, any sewer, mains, pipes or other apparatus belonging to or maintained by such undertakers;

(ii) in the case of electricity undertakers, electric lines or electrical plant (as defined in the Electricity Act 1989 (c. 29)) belonging to or maintained by such undertakers; or

(iii) in the case of oil undertakers, any pipes or other apparatus belonging to or maintained by such undertakers.

39 Saving for areas of special scientific interest

Nothing in this Act shall prejudice the operation of sections 28 to 33 of the Wildlife and Countryside Act 1981 (c. 69) or any other enactment relating to areas of special scientific interest under sections 28 and 29 of that Act.

40 Saving for town and country planning

Any development authorised by this Act shall not be deemed for the purposes of the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (or any general order superseding that order made under section 59 of the Town and Country Planning Act 1990 (c. 8), or any corresponding provision of an Act repealing that section), to be development authorised by an Act which designates specifically both the nature of the development and the land upon which it may be carried out.

41 Relationship with Countryside and Rights of Way Act 2000

The Greenham and Crookham Common and any additional open space shall, for the purposes of the 2000 Act, be treated by section 15 of that Act (rights of access under other enactments) as being accessible to the public apart from that Act.

42 Transitional provisions

(1) Until the coming into force of section 2 of, and Schedule 2 to, the 2000 Act—

(a) subsections (1) and (2) of section 11 (Rights of public access) above shall have effect subject to the restrictions contained in Schedule 2 to the 1949 Act (general restrictions to be observed by persons having access to land by virtue of that Act) as if the reference in that Schedule to section 60(1) of that Act were a reference to those subsections; and

(b) section 11(4) above shall not have effect.

(2) Until the coming into force of section 13 of the 2000 Act, subsection (3) below shall have effect instead of section 12(1) (Effect of public access on owners' rights and liabilities) above.

(3) A person entering upon any land in accordance with section 11 above is not, for the purposes of the Occupiers' Liability Act 1957 (c. 31), a visitor of any occupier of the land; and the exercise of any right under that section in relation to any land shall not increase the liability, under any enactment not contained in this Act or under any rule of law, of a person interested in that land or adjoining land in respect of the state of the land or of things done or omitted to be done on the land.