The Bodmin Moor Commons Council Establishment Order 2015

Register to be maintained by the Council

This section has no associated Explanatory Memorandum

8.—(1) The Council must prepare (and in so doing may rely on the lists prepared by the returning officer under Schedule 2) within one month of the appointed day, and maintain, a register containing the following information—

(a)the name and address of each commoner who at any time in the period of 12 months immediately preceding 1st September 2015 has exercised a right of common to graze animals on any area forming part of the Commons;

(b)the name and address of any other person who at any time in the period of 12 months immediately preceding 1st September 2015 has exercised any other right to graze animals on any area forming part of the Commons;

(c)the name and address of any other person who is a commoner and who applies to be entered in the register, together with a description of that person’s right of common, including in which Section or Sections it may be exercised, and an explanation of that person’s lawful entitlement to exercise that right;

(d)as respects each person falling within sub-paragraph (a) or (b), or within paragraph (2)—

(i)a description of that person’s right of common, or other right, to graze animals and an explanation of that person’s lawful entitlement to exercise that right;

(ii)in which Sections, and on which areas forming part of the Commons, that person grazes animals;

(iii)the number, types and breeds of animals which for the time being that person grazes on those areas;

(iv)the period during which such grazing takes place; and

(v)the mark, tag or other method by which the ownership of those animals may be identified; and

(e)such other information as the Council thinks fit;

but in each case not including information as to any matter which is, or was, capable of being registered under Part 1 of the 2006 Act, but which has not been so registered.

(2) Any person who—

(a)has lawfully grazed any animal on any part of the Commons at any time during the immediately preceding period of 12 months, or

(b)proposes to exercise a right to graze any animal on any part of the Commons,

may apply to the secretary of the Council to be entered in the register, giving such information as the Council may reasonably require.

(3) Any person who is entered in the register may apply to the secretary of the Council for the entry in the register to be amended or removed, if—

(a)that person is no longer grazing animals on the Commons,

(b)that person, having applied to be entered in the register under paragraph (1)(c), no longer wishes to be entered in the register, or

(c)there is any other change in the relevant information recorded in the register.

(4) Any member of the public may, on application to the secretary of the Council—

(a)make an appointment to inspect the register without charge, and make copies or take extracts, or

(b)on payment of a reasonable charge, be provided with copies by the Council.

(5) Any person having a legal interest in the matter and objecting to any information recorded in the register, or to the omission of any information from the register, may complain in writing to the secretary of the Council, and the Council must consider the complaint and give the person notice of its decision in writing.