The Town and Village Greens (Landowner Statements) (Wales) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

Land may be registered as a town or village green in the circumstances specified in section 15 of the Commons Act 2006 (“the 2006 Act”). A characteristic of each of those circumstances is that a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, must have indulged ‘as of right’ in lawful sports and pastimes on the land in question for a period of at least 20 years.

Section 15A(1) of the 2006 Act permits the owner of such land to deposit with the commons registration authority a statement, the effect of which is to bring to an end any period during which persons have indulged as of right in lawful sports and pastimes on the land to which the statement relates. The statement must be accompanied by a map.

These Regulations make provision in respect of the deposit of statements under section 15A(1) of the 2006 Act and associated matters.

Regulation 3 prescribes the form of statement that may be deposited with the commons registration authority and the form of the map which must accompany it.

Regulation 4 enables the commons registration authority to prescribe a reasonable fee in relation to the deposit of a statement

Regulation 5 makes provision relating to when a statement is to be treated as having been deposited with the commons registration authority.

Regulation 6 makes provision relating to the manner in which the commons registration authority must manage and publicise the deposit of a statement.

Regulation 7 contains requirements relating to specific information that must be included in the register required under section 15B(1) of the 2006 Act.

Regulation 8 makes provision relating to the manner in which that register required under section 15B(1) of the 2006 Act must be kept by the commons registration authority, including requirements relating to paper and electronic versions.

Regulation 9 makes provision which permits the commons registration authority to remove an entry from that register, or any part of an entry, in the case of a material error, subject to prior notice.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.