Commons Act 2006

24 Applications etc E+W

(1) Regulations may make provision as to the making and determination of any application for the amendment of a register of common land or town or village greens under or for the purposes of this Part.

(2) Regulations under subsection (1) may in particular make provision as to—

(a) the steps to be taken by a person before making an application;

(b) the form of an application;

(c) the information or evidence to be supplied with an application;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the persons to be notified of an application;

(f) the publication of an application;

(g) the making of objections to an application;

(h) the persons who must be consulted, or whose advice must be sought, in relation to an application;

(i) the holding of an inquiry before determination of an application;

(j) the evidence to be taken into account in making a determination and the weight to be given to any evidence;

(k) the persons to be notified of any determination;

(l) the publication of a determination;

(m) the amendments to be made by a commons registration authority to a register of common land or town or village greens pursuant to a determination;

(n) the time at which any such amendments are to be regarded as having been made.

[F2 (2A) Regulations under subsection (1) made by the Secretary of State may make provision as to the fees payable in relation to an application (including provision for a fee payable under the regulations to be determined by the person to whom the application is made or (if different) the person by whom the application is to be determined).

(2B) Regulations under subsection (1) made by the Welsh Ministers may make provision as to the fee payable on an application (which may be a fee determined by the person to whom the application is made).]

(3) In the case of an application made for the purposes of any of—

(a) sections 6 to 8, 12 and 13,

(b) paragraph 1 or 3 of Schedule 1,

(c) paragraph 2 or 3 of Schedule 2, and

(d) paragraph 2(5)(a) of Schedule 3,

regulations under subsection (1) may make provision as to the persons entitled to make the application.

(4) An application made for the purposes of any of—

(a) sections 6, 7, 10, 11, 12, 13 and 15, and

(b) paragraph 1 or 3 of Schedule 1,

shall, subject to any provision made by or under this Part, be granted.

(5) Regulations under subsection (1) may include provision for the appropriate national authority to appoint a person to discharge any or all of its functions in relation to an application made to it under section 16.

(6) Regulations may make provision as to the making and determination of any proposal by a commons registration authority to amend a register on its own initiative pursuant to section 19, Schedule 2 or paragraph 2(5)(b) of Schedule 3.

(7) Regulations under subsection (6) may in particular make provision as to—

(a) the persons to be notified of a proposal;

(b) the publication of a proposal (and the information or evidence to be published with a proposal);

(c) the making of objections to a proposal;

(d) the persons who must be consulted, or whose advice must be sought, in relation to a proposal;

(e) the holding of an inquiry before determination of a proposal;

(f) the evidence to be taken into account in making a determination and the weight to be given to any evidence;

(g) the persons to be notified of any determination;

(h) the publication of a determination;

(i) the amendments to be made by a commons registration authority to a register of common land or town or village greens pursuant to a determination.

(8) Regulations under this section may include provision for—

(a) the appropriate national authority to appoint persons as eligible to discharge functions of a commons registration authority in relation to applications made to, or proposals made by, the commons registration authority; and

(b) the appointment of one or more of those persons to discharge functions of the commons registration authority in the case of any description of application or proposal.

(9) Regulations under this section may provide for the [F3 Church Commissioners[F3 Diocesan Board of Finance for the diocese in which the land is situated]] to act with respect to any land or rights belonging to an ecclesiastical benefice of the Church of England which is vacant.

Textual Amendments

F1 S. 24(2)(d) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 17(a), 35(3)

F2 S. 24(2A)(2B) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 17(b), 35(3)

F3 Words in s. 24(9) substituted (E.) (1.9.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 11, 13(2); S.I. 2010/2, art. 3, Sch. 2

Commencement Information

I1 S. 24 wholly in force at 6.9.2007; s. 24 not in force at Royal Assent see s. 56(1); s. 24 in force for E. at 6.4.2007 by S.I. 2007/456, art. 3 (with modifications (temp.) in art. 4(2)); s. 24 in force for certain purposes for W. at 12.8.2007 and otherwise at 6.9.2007 (with modifications (temp.) in art. 4(2)(a)) by S.I. 2007/2386, arts. 2, 3