Commons Act 2006

Transitional period for updating registers

2 (1) Regulations may make provision for commons registration authorities, during a period specified in the regulations (“the transitional period”), to amend their registers of common land and town or village greens in consequence of qualifying events which were not registered under the 1965 Act.

(2) The following are qualifying events for the purposes of this Schedule—

(a) the creation of a right of common (by any means, including prescription), where occurring in relation to land to which this Part applies at any time—

(i) after 2 January 1970; and

(ii) before the commencement of this paragraph;

(b) any relevant disposition in relation to a right of common registered under the 1965 Act, or any extinguishment of such a right, where occurring at any time—

(i) after the date of the registration of the right under that Act; and

(ii) before the commencement of this paragraph;

(c) a disposition occurring before the commencement of this paragraph by virtue of any relevant instrument in relation to land which at the time of the disposition was registered as common land or a town or village green under the 1965 Act;

(d) the giving of land in exchange for any land subject to a disposition referred to in paragraph (c).

(3) In sub-paragraph (2)(b) “relevant disposition” means—

(a) the surrender of a right of common;

(b) the variation of a right of common;

(c) in the case of a right of common attached to land, the apportionment or severance of the right;

(d) in the case of a right not attached to land, the transfer of the right.

(4) In sub-paragraph (2)(c) “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.

(5) Regulations under this paragraph may include provision for commons registration authorities to amend their registers as specified in sub-paragraph (1)—

(a) on the application of a person specified in the regulations; or

(b) on their own initiative.

(6) Regulations under sub-paragraph (5)(b) may include provision requiring a commons registration authority to take steps to discover information relating to qualifying events, including in particular requiring an authority to—

(a) carry out a review of information already contained in a register of common land or town or village greens;

(b) publicise the review;

(c) invite persons to supply information for, or to apply for amendment of, the register.