Commons Act 2006

11 Re-allocation of attached rights E+W

(1) Where—

(a) a right of common is registered in a register of common land or town or village greens as attached to any land, and

(b) subsection (2), (3) or (4) applies in relation to part of the land (“the relevant part”),

the owner of the land may apply to the commons registration authority for the register to be amended so as to secure that the right does not attach to the relevant part.

(2) This subsection applies where the relevant part is not used for agricultural purposes.

(3) This subsection applies where planning permission has been granted for use of the relevant part for purposes which are not agricultural purposes.

(4) This subsection applies where—

(a) an order authorising the compulsory purchase of the relevant part by any authority has been made in accordance with the Acquisition of Land Act 1981 (c. 67) (and, if the order requires to be confirmed under Part 2 of that Act, has been so confirmed);

(b) the relevant part has not vested in the authority; and

(c) the relevant part is required for use other than use for agricultural purposes.

(5) Regulations may for the purposes of subsections (2) to (4) make provision as to what is or is not to be regarded as use of land for agricultural purposes.

(6) Regulations may provide that an application under this section is not to be granted without the consent of any person specified in the regulations.

Commencement Information

I1 S. 11 partly in force; s. 11 not in force at Royal Assent see s. 56(1); s. 11(5)(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I2 S. 11 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(b), Sch. (with art. 3)

I3 S. 11 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(c) (with art. 5)