The Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) Regulations 2013

Citation, commencement, application and interpretation

1.—(1) These Regulations—

(a) may be cited as the Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) Regulations 2013;

(b) come into force on 1st October 2013; and

(c) apply in relation to England.

(2) In these Regulations—

“the 1980 Act” means the Highways Act 1980;

“the 2006 Act” means the Commons Act 2006;

“appropriate authority” means—

(a)

in relation to a map or statement deposited or declaration lodged under section 31(6) of the 1980 Act, an appropriate council; and

(b)

in relation to a statement and map deposited under section 15A of the 2006 Act, a commons registration authority.

“authorised person” means a “conveyancer” as defined in rule 217A(1) of the Land Registration Rules 2003(1).

“relevant office” means—

(a)

where the commons registration authority has specified an office for the purpose of these Regulations on that authority’s website(2), the office so specified;

(b)

otherwise, the principal office of the commons registration authority.

“register” means the register which the commons registration authority is required to keep under section 15B(1) of the 2006 Act with respect to maps and statements deposited under section 15A of that Act.

Making an application

2.—(1) This regulation applies to any application made on or after 1st October 2013—

(a) to deposit a statement and map under section 31(6) of the 1980 Act;

(b) to lodge a declaration under section 31(6) of the 1980 Act;

(c) to deposit a statement under section 15A(1) of the 2006 Act.

(2) An application under paragraph (1) must—

(a) be made in the form set out in Schedule 1 or in a form substantially to the same effect, with such insertions or omissions as are necessary in any particular case;

(b) be signed by, or by a duly authorised representative of, every owner of land to which the application relates who is an individual, and by the secretary or some other duly authorised officer of every owner of land to which the application relates which is a body corporate or an unincorporated association;

(c) be accompanied by an Ordnance Map, at a scale of not less than 1:10,560 showing the boundary of the land to which the application relates in coloured edging or, in respect of declarations under section 31(6) of the 1980 Act or statements under section 15A(1) of the 2006 Act, refer to a map previously deposited in accordance with these Regulations or a map deposited in accordance with section 31(6) of the 1980 Act before 1st October 2013;

(d) be accompanied by such reasonable fee (if any) specified by the appropriate authority for an application of that type.

(3) Where an application in the form required under paragraph (2) is to be signed by a person who is unable to read or sign the document, it must be supported by a certificate made by an authorised person.

(4) The authorised person must certify—

(a) that the application has been read to the person (“A”) signing it;

(b) that A appeared to understand it and approved its content as accurate;

(c) that the statement of truth in Part F of the application has been read to A;

(d) that A appeared to understand the statement and the consequences of making a false statement; and

(e) that A signed or made their mark in the presence of the authorised person.

Timing of deposit

3.—(1) A statement under section 15A(1) of the 2006 Act shall be treated as having been deposited with a commons registration authority when an application to deposit such a statement which complies with regulation 2 is given to that authority.

(2) An application to which regulation 2(1)(c) applies which is combined with an application to which regulation 2(1)(a) or (b) applies shall be treated as having been given to an appropriate authority at the same time as an application to which regulation 2(1)(a) or (b) applies would be so treated under section 322(2) and (3) of the 1980 Act.

(3) An application to which regulation 2(1)(c) applies which is not combined with an application to which regulation 2(1)(a) or (b) applies may be given to a commons registration authority by hand delivery or by post to the relevant office of that authority.

(4) Where an application to which paragraph (3) applies is sent by post otherwise than by a method which guarantees proof of delivery, the application shall be deemed not to have been given if it is proved that the commons registration authority did not receive it.

Management and publishing of application

4.—(1) As soon as practicable after receiving an application made in accordance with regulation 2, the appropriate authority must—

(a) send an acknowledgement of receipt to the applicant; and

(b) publicise notice of receipt of the application in accordance with paragraphs (2) and (3).

(2) An appropriate authority must—

(a) publish notice of the application on the authority’s website;

(b) serve notice of the application by email on any person who has previously asked to be informed of all applications and who has given the authority an email address for that purpose; and

(c) so as to bring it to the attention of users of the land, post notice of the application for not less than 60 days at or near at least one obvious place of entry to (or, if there are no such places, at or near at least one conspicuous place on the boundary of) the land to which the application relates.

(3) The notices required under paragraph (2)(a), (b) and (c) must be in the form set out in Schedule 2, or in a form substantially to the same effect, with such insertions or omissions as are necessary in any particular case.

(4) Where a notice posted under paragraph (2)(c) is, without any fault or intention of the appropriate authority, removed, obscured or defaced before the period of 60 days referred to in that paragraph has elapsed, the authority shall be treated as having complied with the requirements of that paragraph.

Information to be contained in the register kept under section 15B(1) of the 2006 Act

5.—(1) The register must contain the following information with respect to each map and statement deposited pursuant to section 15A of that Act—

(a) a copy of the map and any legend accompanying or forming part of the map;

(b) a copy of the statement;

(c) the name and address, including the postcode, of the person who deposited the statement and the map;

(d) the date on which the application to deposit the statement and map was given to the commons registration authority;

(e) details of the land delineated on the map including—

(i) the Ordnance Survey six-figure grid reference of a point within the area of the land;

(ii) the name of the parish, ward or district in which the land is situated;

(iii) where the commons registration authority is the council of a county, the name of the non-metropolitan district within that county in which the land is situated;

(iv) the address and postcode of those buildings on the land to which a postcode has been assigned; and

(v) the name of the town or city which is nearest to the point referred to in paragraph (i).

(2) The register must contain—

(a) the job title of the person in the commons registration authority to whom enquiries about the contents of the register can be made;

(b) the email address and telephone number of the commons registration authority; and

(c) an index of the contents of the register.

(3) Where a commons registration authority discharges its duty under section 15B(1) of the 2006 Act in the way described in subsection (3) of that section, the authority must create a new part of the register kept under section 31A of the 1980 Act for that purpose.

Manner of keeping the register

6.—(1) The register must be kept in both electronic and paper form.

(2) The paper version of the register must be kept at the relevant office of the commons registration authority.

(3) The register may be kept in parts so that each part—

(a) relates to land within—

(i) a particular ward or parish; or

(ii) a particular non-metropolitan district, where the commons registration authority is the council of a county; and

(b) contains the information referred to in regulation 5(1) relating to each map and statement deposited in respect of such land.

(4) In respect of the electronic version of the register, the commons registration authority must—

(a) make the register available for inspection by the public on its website or on a website maintained by the commons registration authority for that purpose;

(b) make provision for the register to be inspected at the relevant office of the commons registration authority; and

(c) ensure that the register has a search facility which allows, as a minimum, postcode and keyword searches to be made.

(5) The commons registration authority must keep the register in such manner as is suitable to enable a copy of any of the particulars contained on the register to be taken by or for any person who requests a copy in person at the relevant office of the commons registration authority.

Removal of entries from the register

7.—(1) The commons registration authority may remove an entry from the register, or any part of it, if that authority is satisfied that the map or statement in question contains a material error.

(2) Before removing an entry from the register, the commons registration authority must give not less than 28 days’ notice of its intention to do so to the owner of the land to which the map or statement relates.

Amendment of the Dedicated Highways (Registers under Section 31A of the Highways Act 1980) (England) Regulations 2007

8.—(1) The Dedicated Highways (Registers under Section 31A of the Highways Act 1980) (England) Regulations 2007(3) are amended as follows.

(2) In regulation 2, after the definition of “the register”, add the following definition—

““relevant office” means

(a)

where the appropriate council has specified an office for the purpose of these Regulations on that council’s website(4), the address so specified;

(b)

otherwise, the principal office of the appropriate council.”

(3) In regulations 3(1)(b), (3), 4(3)(b)(ii) and 5, omit “statutory”, in each place occurring.

(4) In regulation 3(3)(c), for the words “ten-year period in question with respect to the statutory declaration” substitute “twenty-year period within which a subsequent declaration may be lodged”.

(5) In regulation 3(5) of the 2007 Regulations, for “ten-year period means the period of ten years” substitute “twenty-year period means the period of twenty years”.

(6) In regulation 4(2), (4)(b) and (5), for “principal office” substitute “relevant office”, in each place occurring.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

14th July 2013