SCHEDULE 4Making an application
Applications pursuant to section 14: statutory dispositions8
1
This paragraph applies to applications referred to in sub-paragraph (2).
2
There must be an application to the registration authority for amendment of a register of common land or of town or village greens in the event of a disposition effected by a relevant instrument in relation to registered land or a registered right of common.
3
A “disposition” in relation to land, or in relation to a registered right of common, to which this paragraph applies is one made under or pursuant to an enactment listed in column 1 of the table following this paragraph, as described in the corresponding entry in column 2.
4
A “relevant instrument” (as defined in section 14(3) of the 2006 Act) to which this paragraph applies is any relevant instrument made under or pursuant to an enactment listed in column 1 of the table as described in the corresponding entry in column 3.
5
Paragraph (6) applies where—
a
in connection with a disposition of registered land, other land is given in exchange or otherwise substituted; or
b
in connection with a disposition of a registered right of common, other land is to be burdened with an equivalent right of common.
6
The application to be made under sub-paragraph (2) must include an application for the registration of that other land as common land or as a town or village green, as the case may be, and, where applicable, for the registration of the equivalent right of common.
7
The application must be made by the person or body specified in the entry in column 4 of the table corresponding to the relevant enactment.
8
The application must include—
a
evidence of the applicant’s capacity to make the application (as described in sub-paragraph (7));
b
a copy of the relevant instrument effecting the disposition, and of any consent, authorisation, approval or certificate given for the purposes of that relevant instrument;
c
the number of the register unit and, where applicable, the number of the rights section entry, in the register of common land or town or village greens for the right of common to which the application relates; and
d
a description of the amendment required to be made in the register of common land or town or village greens.
9
Where it relates to only part of a right of common, the application must be accompanied by an application made for the purposes of section 8 of the 2006 Act.
Column 1 – Enactment | Column 2 – Dispositions | Column 3 – Relevant Instrument | Column 4 – applicant |
|---|---|---|---|
Inclosure Act 184522, section 147 | The exchange of lands not subject to be inclosed, or as to which no inclosure is pending | The order made by the Secretary of State by which that exchange is effected | The applicants for the order |
Inclosure Act 1845, section 14923 | The exchange of an inconveniently sited allotment for the poor, or for exercise and recreation, for other land more convenient or suitable for the purpose | The order made by the Secretary of State by which that exchange is effected | The applicants for the order |
Lands Clauses Consolidation Act 184524, sections 99 and 107 (as incorporated into any other Act by virtue of section 1) | The freeing and discharge under the Act of 1845 of all commonable or other such rights from land, upon the vesting of the land (after payment of compensation) in the promoters of the undertaking (as defined in section 2 of that Act) | The conveyance or deed poll by which (where applicable with the consent of the Secretary of State under section 22(1)(c) of the Commons Act 189925) that disposition is effected | The promoters of the undertaking (as defined in section 2 of the Act of 1845) |
Inclosure Act 184626, section 11 | The exchange of any registered right of common defined by numbers or stints, in or to be exercised over any land, for any such right exercised over any other land | The order made by the Secretary of State by which that exchange is effected | The applicants for the order |
Malvern Hills Act 193027, section 8 | The sale, lease, exchange or absolute disposal free from any rights or restrictions of any part or parts of the Malvern Hills comprising registered common land | The deed or other instrument made by the Malvern Hills Conservators (with the consent of the Secretary of State) effecting that disposition | The Malvern Hills Conservators |
Malvern Hills Act 1930, section 9 | The sale or exchange of any part or parts of the Malvern Hills comprising registered common land, for the purpose of adjusting, defining or improving the boundaries of the Malvern Hills | The deed or other instrument made by the Malvern Hills Conservators (with the consent of the Secretary of State) effecting that disposition | The Malvern Hills Conservators |
New Parishes Measure 194328, sections 13 and 15 | The disposition of registered common land, made with the consent of the Secretary of State under section 15 | A conveyance to the Diocesan Board of Finance for the diocese in which the land is situated | The Diocesan Board of Finance for the diocese in which the land is situated |
Compulsory Purchase Act 196529, section 21 and Schedule 4 (as applying in relation to, or by virtue of, another Act) | The compulsory purchase of registered common land or of a registered town or village green, resulting (after payment of compensation) in the extinguishment of all commonable or other rights in that land | The conveyance, executed deed poll or vesting declaration, together with the compulsory purchase order, effecting that disposition | The acquiring authority, as defined in section 1(3) of the Act |
Greater London Parks and Open Spaces Order 196730, articles 7, 8 and 12 | Erecting, or permitting to erect any building or other structure on, or enclosing permanently, or permitting to be enclosed permanently, any part of land which is registered as common land or as a town or village green | The instrument by which the erection of the building or the permanent enclosure (or, in either case, the permission to do the same), (where applicable with the consent of the Secretary of State), was confirmed | The London borough council that is party to the disposition |
Greater London Parks and Open Spaces Order 1967, article 15 | The exchange of open space for adjacent land where that open space is registered as common land or town or village green | The deed or other instrument by which that agreement is made | The London borough council that is party to the agreement |
Greater London Parks and Open Spaces Order 1967, article 1731 | The utilisation, alienation, or exchange for other land, of any part of any open space with the consent of the Secretary of State, where all or part of that open space is registered as common land or town or village green | The deed or other instrument by which the agreement so to dispose of the open space is made | The London borough council so disposing of the open space |
Countryside Act 196832, sections 6 and 9 and Schedule 2 | The taking of land out of registered common land, with the authority of the Secretary of State, for the purpose of providing, or improving, opportunities for the enjoyment of the public | The deed or other instrument (including, if applicable, any compulsory purchase order, or any agreement under which land is acquired) effecting the taking of the land | The local authority (as defined in section 6(2) of the Act) authorised by the Secretary of State |
New Towns Act 198133, paragraph 13 of Schedule 4 | The compulsory purchase of registered common land or of a registered town or village green | The compulsory purchase order effecting that disposition, and any vesting declaration, and any deed made under the authority of that order, the 1981 Act and the Compulsory Purchase Act 1965 by which, as a consequence of the disposition, any right, trust or incident was discharged or any right acquired | The acquiring authority (as defined in section 80(1) of the Act) |
Acquisition of Land Act 198134, section 19 and paragraph 6 of Schedule 3 | Either— (a) the compulsory purchase of registered common land or of a registered town or village green (other than in a case certified by the Secretary of State under section 19(1)(aa) of the Act), or (b) the compulsory acquisition of a right over land forming part of such registered common land or green (other than in a case certified by the Secretary of State under paragraph 6(1)(a) or (aa) of Schedule 3 to the Act) | The compulsory purchase order effecting that disposition, and any vesting declaration, and any deed made under the authority of that order, by which, as a consequence of the disposition, any right, trust or incident was discharged or any right acquired | The acquiring authority (as defined in section 7(1) of the Act) |
Town and Country Planning Act 199035, section 229 (as read with section 19 of the Acquisition of Land Act 1981) | The appropriation of land forming part of registered common land or of a town or village green | The order authorising the appropriation made by the local authority and confirmed by the Secretary of State | The local authority authorised by the order |
Planning Act 200836, section 131 or 132 | Either— (a) the compulsory acquisition of registered common land or of a registered town or village green, or (b) the compulsory acquisition of a right over land forming part of such registered common land or green | The order granting development consent | The applicants for the order |