The Commons Registration (Objections and Maps) (Amendment) (England) Regulations 2007

Statutory Instruments

2007 No. 540

Commons, England

The Commons Registration (Objections and Maps) (Amendment) (England) Regulations 2007

Made

18th February 2007

Laid before Parliament

28th February 2007

Coming into force

6th April 2007

The Secretary of State in exercise of the powers conferred by sections 5 and 19 of the Commons Registration Act 1965(1) and now vested in him(2) makes the following Regulations:

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Commons Registration (Objections and Maps) (Amendment) (England) Regulations 2007 and shall come into force on 6th April 2007.

(2) These Regulations apply to England.

Amendment of the Commons Registration (Objections and Maps) Regulations 1968 E+W

2.—(1) The Commons Registration (Objections and Maps) Regulations 1968(3) shall be amended as follows—

(a) for regulation 4(1), substitute—

“(1) There shall be three objection periods called the first objection period, the second objection period and the third objection period.”;

(b) in paragraph (3) of regulation 4, at the beginning, insert the words “Subject to paragraphs (4) and (5),”;

(c) after paragraph (3) of regulation 4, insert—

“(4) The third objection period shall begin on 6th April 2007 and shall end on 6th August 2007.

(5) The third objection period shall only apply to land or rights if—

(a) they were registered in the register of common land or the register of town or village greens pursuant to section 4 of the 1965 Act either —

(i) after 1st January 1967 and before 1st July 1968; or

(ii) after 30th June 1968 and before 1st August 1970, and

(b) the registration failed to become final in consequence of an order of the court made, in the case of sub‑paragraph (a)(i), after 30th September 1970 and, in the case of sub‑paragraph (a)(ii), after 31st July 1972.”;

(d) in regulation 5(1), delete the words after “Form 26”;

(e) in Schedule 1—

(i) after Note 4 (Time limits for objections) insert—

“Time limits for objections during the third objection period

4A.   Your objection, properly completed and signed, must reach the registration authority between 6th April 2007 and 6th August 2007. If an objection reaches the registration authority outside this period it will be invalid and the authority cannot entertain it.”; and

(ii) Note 6 (Conflicting registrations taking effect as objections) shall be deleted.

Barry Gardiner

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

18th February 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Commons Registration (Objections and Maps) Regulations 1968 so as to enable the registration of certain land or rights, whose provisional registration in the register of common land or town or village greens could not otherwise become final in consequence of a court order, either to be made final or be removed from the register.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1965 c.64.

(2)

The functions of the Minister of Land and Natural Resources were transferred to the Minister of Housing and Local Government by the Ministry of Land and Natural Resources (Dissolution) Order 1967 (S.I. 1967/156) and the functions of the Minister of Housing and Local Government were transferred to the Secretary of State by the Secretary of State for the Environment Order 1970 (S.I. 1970/1681).

(3)

S.I. 1968/989 as amended by S.I. 1969/1843, 1970/384 and 1990/311.