Commons Act 2006 (c. 26)

Part 1 E+W Registration

Modifications etc. (not altering text)

C1 Pt. 1 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 46(5) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)

C2 Pt. 1 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 5(11) (with Sch. 13 para. 14(2), Sch. 14 para. 19)

C3 Pt. 1 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 35(6) (with Sch. 13 para. 14(2), Sch. 14 para. 19)

C4 Pt. 1 excluded (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 4(10) (with Sch. 8 para. 20)

C5 Pt. 1 excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 4(9) (with arts. 55-57, Sch. 8 para. 13)

C6 Pt. 1 excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 4(10) (with art. 55)

Introductory E+W

1 Registers of common land and greens E+W

Each commons registration authority shall continue to keep—

(a) a register known as a register of common land; and

(b) a register known as a register of town or village greens.

Commencement Information

I1 S. 1 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(a), Sch. (with art. 3)

I2 S. 1 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(a) (with art. 5)

2 Purpose of registers E+W

(1) The purpose of a register of common land is—

(a) to register land as common land; and

(b) to register rights of common exercisable over land registered as common land.

(2) The purpose of a register of town or village greens is—

(a) to register land as a town or village green; and

(b) to register rights of common exercisable over land registered as a town or village green.

Commencement Information

I3 S. 2 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(a), Sch. (with art. 3)

I4 S. 2 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(a) (with art. 5)

3 Content of registers E+W

(1) The land registered as common land in a register of common land is, subject to this Part, to be—

(a) the land so registered in it at the commencement of this section; and

(b) such other land as may be so registered in it under this Part.

(2) The land registered as a town or village green in a register of town or village greens is, subject to this Part, to be—

(a) the land so registered in it at the commencement of this section; and

(b) such other land as may be so registered in it under this Part.

(3) The rights of common registered in a register of common land or town or village greens are, subject to this Part, to be—

(a) the rights registered in it at the commencement of this section; and

(b) such other rights as may be so registered in it under this Part.

(4) The following information is to be registered in a register of common land or town or village greens in respect of a right of common registered in it—

(a) the nature of the right;

(b) if the right is attached to any land, the land to which it is attached;

(c) if the right is not so attached, the owner of the right.

(5) Regulations may—

(a) require or permit other information to be included in a register of common land or town or village greens;

(b) make provision as to the form in which any information is to be presented in such a register.

(6) Except as provided under this Part or any other enactment—

(a) no land registered as common land or as a town or village green is to be removed from the register in which it is so registered;

(b) no right of common registered in a register of common land or town or village greens is to be removed from that register.

(7) No right of common over land to which this Part applies is to be registered in the register of title.

Commencement Information

I5 S. 3 partly in force; s. 3 not in force at Royal Assent see s. 56(1); s. 3(5) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I6 S. 3 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(a), Sch. (with art. 3)

I7 S. 3 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3 (with arts. 4, 5)

4 Commons registration authorities E+W

(1) The following are commons registration authorities—

(a) a county council in England;

(b) a district council in England for an area without a county council;

(c) a London borough council; and

(d) a county or county borough council in Wales.

(2) For the purposes of this Part, the commons registration authority in relation to any land is the authority in whose area the land is situated.

(3) Where any land falls within the area of two or more commons registration authorities, the authorities may by agreement provide for one of them to be the commons registration authority in relation to the whole of the land.

Commencement Information

I8 S. 4 wholly in force at 6.9 2007; s. 4 not in force at Royal Assent see s. 56(1); s. 4 in force for E. at 6.4.2007 by S.I. 2007/456, art. 3; s. 4 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

5 Land to which Part 1 applies E+W

(1) This Part applies to all land in England and Wales, subject as follows.

(2) This Part does not apply to—

(a) the New Forest; or

(b) Epping Forest.

(3) This Part shall not be taken to apply to the Forest of Dean.

(4) If any question arises under this Part whether any land is part of the forests mentioned in this section it is to be referred to and decided by the appropriate national authority.

Commencement Information

I9 S. 5 wholly in force at 6.9.2007; s. 5 not in force at Royal Assent see s. 56(1); s. 5 in force for E. at 6.4.2007 by S.I. 2007/456, art. 3; s. 5 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3