Commons Act 2006 (c. 26)

Part 1 E+W Registration

Registration, deregistration and exchange of land E+W

14 Statutory dispositions E+W

(1) Regulations may make provision as to the amendment of a register of common land or town or village greens where by virtue of any relevant instrument—

(a) a disposition is made in relation to land registered in it as common land or as a town or village green; or

(b) a disposition is made in relation to a right of common registered in it.

(2) Regulations may provide that, where—

(a) by virtue of any relevant instrument a disposition is made in relation to land registered as common land or as a town or village green,

(b) by virtue of regulations under subsection (1) the land ceases to be so registered, and

(c) in connection with the disposition other land is given in exchange,

the land given in exchange is to be registered as common land or as a town or village green.

(3) In this section, “relevant instrument” means—

(a) any order, deed or other instrument made under or pursuant to the Acquisition of Land Act 1981 (c. 67);

(b) a conveyance made for the purposes of section 13 of the New Parishes Measure 1943 (No. 1);

(c) any other instrument made under or pursuant to any enactment.

(4) Regulations under this section may require the making of an application to a commons registration authority for amendment of a register of common land or town or village greens.

(5) Regulations under this section may provide that a relevant instrument, so far as relating to land registered as common land or as a town or village green or to any right of common, is not to operate at law until any requirement for which they provide is complied with.

Commencement Information

I1 S. 14 partly in force; s. 14 not in force at Royal Assent see s. 56(1); s. 14 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

15 Registration of greens E+W

(1) Any person may apply to the commons registration authority to register land to which this Part applies as a town or village green in a case where subsection (2), (3) or (4) applies.

(2) This subsection applies where—

(a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and

(b) they continue to do so at the time of the application.

(3) This subsection applies where—

(a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years;

(b) they ceased to do so before the time of the application but after the commencement of this section; and

(c) the application is made within the period of two years beginning with the cessation referred to in paragraph (b).

(4) This subsection applies (subject to subsection (5)) where—

(a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years;

(b) they ceased to do so before the commencement of this section; and

(c) the application is made within the period of five years beginning with the cessation referred to in paragraph (b).

(5) Subsection (4) does not apply in relation to any land where—

(a) planning permission was granted before 23 June 2006 in respect of the land;

(b) construction works were commenced before that date in accordance with that planning permission on the land or any other land in respect of which the permission was granted; and

(c) the land—

(i) has by reason of any works carried out in accordance with that planning permission become permanently unusable by members of the public for the purposes of lawful sports and pastimes; or

(ii) will by reason of any works proposed to be carried out in accordance with that planning permission become permanently unusable by members of the public for those purposes.

(6) In determining the period of 20 years referred to in subsections (2)(a), (3)(a) and (4)(a), there is to be disregarded any period during which access to the land was prohibited to members of the public by reason of any enactment.

(7) For the purposes of subsection (2)(b) in a case where the condition in subsection (2)(a) is satisfied—

(a) where persons indulge as of right in lawful sports and pastimes immediately before access to the land is prohibited as specified in subsection (6), those persons are to be regarded as continuing so to indulge; and

(b) where permission is granted in respect of use of the land for the purposes of lawful sports and pastimes, the permission is to be disregarded in determining whether persons continue to indulge in lawful sports and pastimes on the land “as of right”.

(8) The owner of any land may apply to the commons registration authority to register the land as a town or village green.

(9) An application under subsection (8) may only be made with the consent of any relevant leaseholder of, and the proprietor of any relevant charge over, the land.

(10) In subsection (9)—

• “relevant charge” means—

  (a)

  in relation to land which is registered in the register of title, a registered charge within the meaning of the Land Registration Act 2002 (c. 9);

  (b)

  in relation to land which is not so registered—

  (i)

  a charge registered under the Land Charges Act 1972 (c. 61); or

  (ii)

  a legal mortgage, within the meaning of the Law of Property Act 1925 (c. 20), which is not registered under the Land Charges Act 1972;

• “relevant leaseholder” means a leaseholder under a lease for a term of more than seven years from the date on which the lease was granted.

Commencement Information

I2 S. 15 wholly in force at 6.9.2007; s. 15 not in force at Royal Assent see s. 56(1); s. 15 in force for E. at 6.4.2007 by S.I. 2007/456, art. 3 (with art. 4(1)); s. 15 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3 (with art. 4(1))

16 Deregistration and exchange: applications E+W

(1) The owner of any land registered as common land or as a town or village green may apply to the appropriate national authority for the land (“the release land”) to cease to be so registered.

(2) If the release land is more than 200 square metres in area, the application must include a proposal under subsection (3).

(3) A proposal under this subsection is a proposal that land specified in the application (“replacement land”) be registered as common land or as a town or village green in place of the release land.

(4) If the release land is not more than 200 square metres in area, the application may include a proposal under subsection (3).

(5) Where the application includes a proposal under subsection (3)—

(a) the replacement land must be land to which this Part applies;

(b) the replacement land must not already be registered as common land or as a town or village green; and

(c) if the owner of the release land does not own the replacement land, the owner of the replacement land must join in the application.

(6) In determining the application, the appropriate national authority shall have regard to—

(a) the interests of persons having rights in relation to, or occupying, the release land (and in particular persons exercising rights of common over it);

(b) the interests of the neighbourhood;

(c) the public interest;

(d) any other matter considered to be relevant.

(7) The appropriate national authority shall in a case where—

(a) the release land is not more than 200 square metres in area, and

(b) the application does not include a proposal under subsection (3),

have particular regard under subsection (6) to the extent to which the absence of such a proposal is prejudicial to the interests specified in paragraphs (a) to (c) of that subsection.

(8) The reference in subsection (6)(c) to the public interest includes the public interest in—

(a) nature conservation;

(b) the conservation of the landscape;

(c) the protection of public rights of access to any area of land; and

(d) the protection of archaeological remains and features of historic interest.

(9) An application under this section may only be made with the consent of any relevant leaseholder of, and the proprietor of any relevant charge over—

(a) the release land;

(b) any replacement land.

(10) In subsection (9) “relevant charge” and “relevant leaseholder” have the meanings given by section 15(10).

Commencement Information

I3 S. 16 partly in force; s. 16 not in force at Royal Assent see s. 56(1); s. 16 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)

17 Deregistration and exchange: orders E+W

(1) Where the appropriate national authority grants an application under section 16 it must make an order requiring the commons registration authority to remove the release land from its register of common land or town or village greens.

(2) Where the application included a proposal to register replacement land, the order shall also require the commons registration authority—

(a) to register the replacement land as common land or as a town or village green in place of the release land; and

(b) to register as exercisable over the replacement land any rights of common which, immediately before the relevant date, are registered as exercisable over the release land.

(3) A commons registration authority must take such other steps on receiving an order under this section as regulations may require.

(4) Where immediately before the relevant date any rights of common are registered as exercisable over the release land, those rights are on that date extinguished in relation to that land.

(5) Where immediately before the relevant date any rights are exercisable over the release land by virtue of its being, or being part of, a town or village green—

(a) those rights are extinguished on that date in respect of the release land; and

(b) where any replacement land is registered in its place, those rights shall become exercisable as from that date over the replacement land instead.

(6) Where immediately before the relevant date the release land was registered as common land and any relevant provision applied in relation to it—

(a) the provision shall on that date cease to apply to the release land; and

(b) where any replacement land is registered in its place, the provision shall on that date apply to the replacement land instead.

(7) An order under this section may contain—

(a) provision disapplying the effect of subsection (5)(b) or (6)(b) in relation to any replacement land;

(b) supplementary provision as to the effect in relation to any replacement land of—

(i) any rights exercisable over the release land by virtue of its being, or being part of, a town or village green;

(ii) any relevant provision;

(c) supplementary provision as to the effect in relation to the release land or any replacement land of any local or personal Act.

(8) In subsections (6) and (7) “relevant provision” means a provision contained in, or made under—

(a) section 193 of the Law of Property Act 1925 (c. 20);

(b) a scheme under the Metropolitan Commons Act 1866 (c. 122);

(c) an Act under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners;

(d) a scheme under the Commons Act 1899 (c. 30);

(e) section 1 of the Commons Act 1908 (c. 44).

(9) In this section, “relevant date” means the date on which the commons registration authority amends its register as required under subsections (1) and (2).

(10) Regulations may make provision for the publication of an order under this section.

Commencement Information

I4 S. 17 partly in force; s. 17 not in force at Royal Assent see s. 56(1); s. 17(3)(10) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 17 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)