The Common Land (Rectification of Registers) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

The Common Land (Rectification of Registers) Act 1989 (c. 18) enables the removal from the registers of common land and town and village greens, maintained under the Commons Registration Act 1965 (c. 64), of land on which there is a dwellinghouse or which is ancillary to a dwellinghouse, and in respect of which that requirement has been satisfied at all times since 5 August 1945. These Regulations prescribe the procedure and, in the Schedules, the forms.

The notice of objection to the inclusion of the land on a register must be in Form 42 (forms 1-41 have been prescribed by regulations made under the 1965 Act). The notice must be accompanied by the evidence in support of the objection (regulation 4).

The registration authority must give publicity to the objection, and Form 43 is prescribed for this purpose (regulation 5). The matter is then to be referred to a Commons Commissioner (regulation 6).

The procedure of the Commons Commissioners in dealing with the objection is prescribed by regulations 7-22. A Commissioner must hold a hearing if so required by a person entitled to be heard. Regulations 10-20 prescribe the procedure in relation to hearings, which substantially reflects the procedure in Part II of the Commons Commissioners Regulations 1971 (S.I. 1971/1727) for hearings under the 1965 Act.

The action to be taken by the registration authority upon receipt of the Commissioner’s decision is prescribed by regulation 23 and Standard Entry 10 is prescribed for the purpose of amending the register (Standard Entries 1-9 have been prescribed by Regulations made under the 1965 Act).

Provision is made for the official stamp of the registration authority (regulation 3), the service of notices (regulations 24 and 25), and dealing with clerical errors (regulation 26). Regulation 27 makes consequential amendments to the Commons Registration (General) Regulations 1966 (S.I. 1966/1471) and the Commons Registration (Objections and Maps) Regulations 1968 (S.I. 1968/989).