Commons Registration Act 1965

22 Interpretation. E+W

(1) In this Act, unless the context otherwise requires, “common land” means—

(a) land subject to rights of common (as defined in this Act) whether those rights are exercisable at all times or only during limited periods;

(b) waste land of a manor not subject to rights of common;

but does not include a town or village green or any land which forms part of a highway;

• “land” includes land covered with water;

• “local authority” means . . . F1 the council of a county, . . . F2 , London borough or county district, the council of a parish . . . F2 ;

• “the Minister” means the [F3 Secretary of State];

• “prescribed” means prescribed by regulations under this Act;

• “registration” includes an entry in the register made in pursuance of section 13 of this Act;

• “rights of common” includes cattlegates or beastgates (by whatever name known) and rights of sole or several vesture or herbage or of sole or several pasture, but does not include rights held for a term of years or from year to year;

• “town or village green” means land which has been allotted by or under any Act for the exercise or recreation of the inhabitants of any locality or on which the inhabitants of any locality have a customary right to indulge in lawful sports and pastimes or on which the inhabitants of any locality have indulged in such sports and pastimes as of right for not less than twenty years.

(2) References in this Act to the ownership and the owner of any land are references to the ownership of a legal estate in fee simple in any land and to the person holding that estate, and references to land registered under the Land Registration Acts 1925 and 1936 are references to land the fee simple of which is so registered.

Textual Amendments

F1 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F2 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F3 Words substituted by virtue of S.I. 1967/156 and 1970/1681