The Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007

Statutory Instruments

2007 No. 2404

COMMONS, ENGLAND

The Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007

Made

13th August 2007

Laid before Parliament

16th August 2007

Coming into force

1st October 2007

The Secretary of State, in exercise of the powers conferred by section 19(1) of the Commons Registration Act 1965(1) and now vested in him(2), makes the following Regulations:

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007 and shall come into force on 1st October 2007.

(2) These Regulations apply in relation to England only.

(3) In these Regulations, “the 1966 Regulations” means the Commons Registration (General) Regulations 1966(3).

Revocations

2.  The following provisions of the 1966 Regulations are revoked—

(a) regulation 32 (official searches and certificates);

(b) regulation 35 (supply of certain forms);

(c) in Schedule 1 (forms), Form 21 and its duplicate; and

(d) in Schedule 3 (fees for searches etc.), the first and second items in the table.

3.  The following Regulations are revoked—

(a) the Commons Registration (General) (Amendment) Regulations 1982(4);

(b) the Commons Registration (General) (Amendment) Regulations 1989(5);

(c) the Commons Registration (General) (Amendment) (England) Regulations 2003(6); and

(d) the Commons Registration (General) (Amendment) (England) (Revocation) Regulations 2007(7).

Amendment of the 1966 Regulations

4.  In regulation 34(1) of the 1966 Regulations, for “for searches and official certificates of search, and for certified copies and extracts,” substitute “for certified copies and extracts”.

Jonathan Shaw

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

13th August 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke with effect from 1st October 2007, in relation to England, provisions of the Commons Registration (General) Regulations 1966 (“the 1966 Regulations”) relating to official searches of the commons registers and certificates of search, and make a related amendment to those Regulations. From 1st August 2007 it has instead been possible to search the commons registers by means of Form CON29O Optional Enquiries of Local Authority (2007 Edition).

Regulation 35 (supply of certain forms) of the 1966 Regulations is also revoked in view of the discontinuance of the arrangements for the Office of Public Sector Information (formerly H.M. Stationery Office) to supply the forms specified in that regulation.

A full regulatory impact assessment of the effect of the change in the arrangements for searches of the commons registers was published for the Commons Act 2006 (c.26) and copies are available on the Defra website (www.defra.gov.uk).

(1)

1965 c.64. See section 22(1) for the definitions of “the Minister” and “prescribed”.

(2)

The functions of the Minister in relation to England were transferred to the Minister of Housing and Local Government by article 2(5) of the Ministry of Land and Natural Resources (Dissolution) Order 1967 (S.I. 1967/156). The functions of the Minister of Housing and Local Government were transferred to the Secretary of State by article 2(1) of the Secretary of State for Environment Order 1970 (S.I. 1970/1681).

(3)

S.I. 1966/1471; relevant amending instruments are S.I. 1980/1195 (revoked by S.I 1989/2167), 1982/210, 1989/2167 and 2003/2260.

(4)

S.I. 1982/210.

(5)

S.I. 1989/2167.

(6)

S.I. 2003/2260.

(7)

S.I. 2007/1553.