Commons Act 2006

Severance authorised by order

3 (1) The appropriate national authority may by order make provision authorising rights of common to which section 9 applies to be severed permanently from the land to which they are attached by transfer in accordance with that provision.

(2) Provision under sub-paragraph (1) is to be framed by reference to—

(a) particular land over which the rights of common are exercisable, or

(b) particular descriptions of such land,

and may authorise transfers to particular persons, particular descriptions of persons or any person.

(3) The appropriate national authority must, before making any provision under sub-paragraph (1) in relation to any land, consult such persons (if any) as it considers represent the interests of—

(a) persons who own the land;

(b) persons who exercise rights of common over the land.

(4) Provision under sub-paragraph (1) may include provision securing that the owner of any land over which a right of common is exercisable is to be notified, and his consent obtained, before the right may be transferred.

(5) Provision referred to in sub-paragraph (4) may include—

(a) provision as to the circumstances in which notification may be regarded as having been given; or

(b) provision as to the circumstances in which consent may be regarded as having been obtained.

(6) Provision referred to in sub-paragraph (5)(b) may include—

(a) provision for consent to be regarded as having been obtained if it is withheld unreasonably;

(b) provision for the circumstances in which consent is to be regarded as withheld unreasonably;

(c) provision for the resolution of disputes.

(7) The severance of a right of common by its transfer under provision under sub-paragraph (1)—

(a) only has effect if the transfer complies with such requirements as to form and content as regulations may provide; and

(b) does not operate at law until, on an application under this Schedule, the transferee is registered as the owner of the right in the register of common land or of town or village greens in which the right is registered.

(8) Provision under sub-paragraph (1) may include provision to secure the result that where—

(a) the person to whom the right of common is transferred is the owner of land to which rights of common are attached, and

(b) those rights are exercisable over the same land, or substantially the same land, as the right of common being transferred,

the transferee must, when making an application as specified in sub-paragraph (7)(b), apply to the commons registration authority for the right to be registered as attached to the land referred to in paragraph (a).