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The Commons Act 2006 (Correction, Non-Registration or Mistaken Registration) (Wales) Regulations 2017

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Regulation 5(2)

SCHEDULE 1Making an application

Applications under section 19(4)(b): amendment of a register of common land or town or village greens

1.—(1) An application made under section 19(4)(b) of the 2006 Act must include—

(a)a statement of the purpose (being one of those described in section 19(2) of the 2006 Act) for which the application is made;

(b)the number of the register unit and, in so far as is relevant to the mistake or other matter in the register in respect of which the application seeks correction, the number of the rights section entry, in the register to which the application relates;

(c)evidence of the mistake or other matter in the register in respect of which the application seeks correction; and

(d)a description of the amendment sought in the register.

Applications under Schedule 2: non-registration or mistaken registration

2.—(1) An application made under Schedule 2 to the 2006 Act, for the purpose of remedying non-registration or mistaken registration under the 1965 Act, must be made on or before 4 May 2032.

(2) An application made under Schedule 2 to the 2006 Act must include a description of the land to which the application relates.

(3) In an application made under paragraph 2 or 3 of Schedule 2 to the 2006 Act, the land to which the application relates may not include land that is covered by a building or which is within the curtilage of a building if all of the necessary building consents have been obtained (and evidence of such consent is provided) and the owner of that land does not consent to its registration.

(4) An application made under paragraph 2 of Schedule 2 to the 2006 Act must include—

(a)evidence of the application of that paragraph, as described in paragraph 2(2) of that Schedule, to the land to which the application relates;

(b)a copy of any enactment or scheme referred to in paragraph 2(2)(b) of that Schedule, by which the land to which the application relates is regulated, recognised or designated, or to which it is subject;

(c)evidence, if applicable, that any consent referred to under sub-paragraph (3) has been given.

(5) An application made under paragraph 3 of Schedule 2 to the 2006 Act must include—

(a)evidence of the application of that paragraph, as described in paragraph 3(2) of that Schedule, to the land to which the application relates;

(b)a copy of any enactment by or under which the land was (and continues to be) allotted, including any award; and

(c)evidence, if applicable, that any consent referred to under sub-paragraph (3) has been given.

(6) An application made under paragraph 4, 5, 6, 7, 8 or 9 of Schedule 2 to the 2006 Act must include evidence of the application of the appropriate paragraph, as described in paragraph 4(2), 5(2), 6(2), 7(2), 8(2) or 9(2) of that Schedule, to the land to which the application relates.

Regulation 6(4)

SCHEDULE 2Application of a type and purpose for which no fee may be specified

Provision of the 2006 Act under which, or for the purposes of which, the application is madePurpose of application
section 19correction, for the purpose of section 19(2)(a) (of a mistake made by the registration authority)
section 19correction, for a purpose described in section 19(2)(c)
Schedule 2, paragraph 2 or 3non-registration of common land or town or village green
Schedule 2, paragraph 4waste land of a manor not registered as common land
Schedule 2, paragraph 5town or village green wrongly registered as common land

Regulation 10(1)(c)

SCHEDULE 3

Persons on whom registration authority must serve notice of an application

1.  In all cases—

(a)any person who has made a declaration, duly recorded in the register, of entitlement to a right of common over any land comprising the whole or part of the register unit to which the application relates;

(b)any commons council established for land which includes the land to which the application relates; and

(c)unless the registration authority decides otherwise pursuant to regulation 10(2), any person who is registered as the owner of a right of common in gross which is exercisable over all or part of the land to which the application relates.

2.  Additionally, in the case of an application of a type specified in the first column of the following table, all the persons (other than where that person is the applicant) specified in the corresponding entry in the second column.

Additional persons on whom the registration authority must serve notice of the application

Type of applicationPersons on whom notice of application must be served
Application under section 19 of the 2006 Act, to correct a register

1. The owner of any land affected by the application.

2. In relation to an application for the purpose of updating any name or address referred to in an entry, any person to whom that entry refers.

Application under Schedule 2 to the 2006 Act, to register land not registered, or to deregister land mistakenly registered, under the 1965 Act

1. The owner of the land to which the application relates.

2. Any occupier or lessee of that land.

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