to register land as common land; and

to register rights of common exercisable over land registered as common land.

to register land as a town or village green; and

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

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

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

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

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

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

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

the nature of the right;

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

if the right is not so attached, the owner of the right.

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

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

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;

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

a county council in England;

a district council in England for an area without a county council;

a London borough council; and

a county or county borough council in Wales.

the New Forest; or

Epping Forest.

as specified in subsection (3); or

pursuant to any other enactment.

the land is not registered as a town or village green; and

the right is attached to land.

the right is registered in a register of common land; and

if the right is created over land not registered as common land, the land is registered in a register of common land.

that right; and

if the land is already registered as common land, any other rights of common registered as exercisable over the land.

the right becomes exercisable over new land to which this Part applies instead of all or part of the land over which it was exercisable;

the right becomes exercisable over new land to which this Part applies in addition to the land over which it is already exercisable;

there is any other alteration in what can be done by virtue of the right.

only has effect if it complies with such requirements as to form and content as regulations may provide; and

does not operate at law until, on an application under this section, the register is amended so as to record the variation.

that right; and

if the land is already registered as common land, any other rights of common registered as exercisable over the land.

a disposition relating to an apportioned right itself falls to be registered under this Part; or

the register falls to be amended under section 11.

a right of common which is registered in a register of common land or town or village greens as attached to any land has been apportioned by virtue of any disposition affecting the land, and

no amendments have been made under subsection (1) in respect of the apportionment of that right,

is registered in a register of common land or town or village greens as attached to any land; and

would, apart from this section, be capable of being severed from that land.

where the severance is authorised by or under Schedule 1; or

where the severance is authorised by or under any other Act.

a disposition takes effect in relation to land to which a right of common to which this section applies is attached, and

the disposition would have the effect of contravening subsection (2),

he is entitled to occupy the land; or

the person entitled to occupy the land has consented to the application.

a right of common is registered in a register of common land or town or village greens as attached to any land, and

subsection (2), (3) or (4) applies in relation to part of the land (“the relevant part”),

an order authorising the compulsory purchase of the relevant part by any authority has been made in accordance with the Acquisition of Land Act 1981 (c. 67) (and, if the order requires to be confirmed under Part 2 of that Act, has been so confirmed);

the relevant part has not vested in the authority; and

the relevant part is required for use other than use for agricultural purposes.

only has effect if it complies with such requirements as to form and content as regulations may provide; and

does not operate at law until, on an application under this section, the right is removed from the register.

a disposition is made in relation to land registered in it as common land or as a town or village green; or

a disposition is made in relation to a right of common registered in it.

by virtue of any relevant instrument a disposition is made in relation to land registered as common land or as a town or village green,

by virtue of regulations under subsection (1) the land ceases to be so registered, and

in connection with the disposition other land is given in exchange,

any order, deed or other instrument made under or pursuant to the Acquisition of Land Act 1981 (c. 67);

a conveyance made for the purposes of section 13 of the New Parishes Measure 1943 (No. 1);

any other instrument made under or pursuant to any enactment.

a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and

they continue to do so at the time of the application.

a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years;

they ceased to do so before the time of the application but after the commencement of this section; and

the application is made within F8the relevant period .

in the case of an application relating to land in England, the period of one year beginning with the cessation mentioned in subsection (3)(b);

in the case of an application relating to land in Wales, the period of two years beginning with that cessation.

a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years;

they ceased to do so before the commencement of this section; and

the application is made within the period of five years beginning with the cessation referred to in paragraph (b).

planning permission was granted before 23 June 2006 in respect of the land;

construction works were commenced before that date in accordance with that planning permission on the land or any other land in respect of which the permission was granted; and

where persons indulge as of right in lawful sports and pastimes immediately before access to the land is prohibited as specified in subsection (6), those persons are to be regarded as continuing so to indulge; and

where permission is granted in respect of use of the land for the purposes of lawful sports and pastimes, the permission is to be disregarded in determining whether persons continue to indulge in lawful sports and pastimes on the land “as of right”.

for a statement required for the purposes of this section to be combined with a statement or declaration required for the purposes of section 31(6) of the Highways Act 1980;

for the requirement in subsection (3) to be satisfied by the statement referring to a map previously deposited under section 31(6) of the Highways Act 1980;

as to the fees payable in relation to the depositing of a statement under subsection (1) (including provision for a fee payable under the regulations to be determined by the commons registration authority);

as to when a statement under subsection (1) is to be regarded as having been deposited with the commons registration authority.

where a commons registration authority discharges its duty under subsection (1) in the way described in subsection (3), for the creation of a new part of the register kept under section 31A of the Highways Act 1980 for that purpose;

as to the circumstances in which an entry relating to a statement deposited under section 15A(1) or a map accompanying such a statement, or anything relating to the entry, is to be removed from the register kept under this section or (as the case may be) the register kept under section 31A of the Highways Act 1980.

specify additional trigger or terminating events;

amend or omit any of the trigger or terminating events for the time being specified in the Schedule.

Schedule 1A, in relation to land in England;

Schedule 1B, in relation to land in Wales.

the replacement land must be land to which this Part applies;

the replacement land must not already be registered as common land or as a town or village green; and

if the owner of the release land does not own the replacement land, the owner of the replacement land must join in the application.

the interests of persons having rights in relation to, or occupying, the release land (and in particular persons exercising rights of common over it);

the interests of the neighbourhood;

the public interest;

any other matter considered to be relevant.

the release land is not more than 200 square metres in area, and

the application does not include a proposal under subsection (3),

nature conservation;

the conservation of the landscape;

the protection of public rights of access to any area of land; and

the protection of archaeological remains and features of historic interest.

the release land;

any replacement land.

to register the replacement land as common land or as a town or village green in place of the release land; and

to register as exercisable over the replacement land any rights of common which, immediately before the relevant date, are registered as exercisable over the release land.

those rights are extinguished on that date in respect of the release land; and

where any replacement land is registered in its place, those rights shall become exercisable as from that date over the replacement land instead.

the provision shall on that date cease to apply to the release land; and

where any replacement land is registered in its place, the provision shall on that date apply to the replacement land instead.

provision disapplying the effect of subsection (5)(b) or (6)(b) in relation to any replacement land;

supplementary provision as to the effect in relation to the release land or any replacement land of any local or personal Act.

section 193 of the Law of Property Act 1925 (c. 20);

a scheme under the Metropolitan Commons Act 1866 (c. 122);

an Act under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners;

a scheme under the Commons Act 1899 (c. 30);

section 1 of the Commons Act 1908 (c. 44).

correcting a mistake made by the commons registration authority in making or amending an entry in the register;

removing a duplicate entry from the register;

updating the details of any name or address referred to in an entry;

updating any entry in the register relating to land registered as common land or as a town or village green to take account of accretion or diluvion.

a mistaken omission, and

an unclear or ambiguous description,

on its own initiative; or

on the application of any person.

any entry in the register, or any information in an entry, was at any time included in the register as a result of fraud; and

it would be just to amend the register.

a register of common land or town or village greens;

any document kept by a commons registration authority which is referred to in such a register;

any other document kept by a commons registration authority which relates to an application made at any time in relation to such a register.

provide for exceptions to the right;

impose conditions on its exercise.

a register of common land or town or village greens,

any document kept by a commons registration authority which is referred to in such a register, or

any other document kept by a commons registration authority which relates to an application made at any time in relation to such a register,

the form of official copies;

who may issue official copies;

applications for official copies;

the conditions to be met by applicants for official copies.

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

the form of an application;

the information or evidence to be supplied with an application;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the persons to be notified of an application;

the publication of an application;

the making of objections to an application;

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

the holding of an inquiry before determination of an application;

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

the persons to be notified of any determination;

the publication of a determination;

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;

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

sections 6 to 8, 12 and 13,

paragraph 1 or 3 of Schedule 1,

paragraph 2 or 3 of Schedule 2, and

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

sections 6, 7, 10, 11, 12, 13 and 15, and

paragraph 1 or 3 of Schedule 1,

the persons to be notified of a proposal;

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

the making of objections to a proposal;

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

the holding of an inquiry before determination of a proposal;

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

the persons to be notified of any determination;

the publication of a determination;

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.

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

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.

requirements to be complied with in relation to the recording of information in electronic form;

the certification of information recorded in electronic form (including the status of print-outs of such information).

as to the publicity to be given to such a conversion;

requiring a provisional electronic version to be made available for inspection and comment;

as to the holding of an inquiry in relation to any question arising as a result of the conversion.

is registered as common land; or

is registered as a town or village green and is subject to rights of common.

the name of the council;

the area or areas of land for which the council is established.

publish a draft of the proposed order in such manner as it thinks fit; and

invite representations about it.

any representations received pursuant to subsection (2)(b), and

the result of any local inquiry held under subsection (3),

persons having rights (other than rights of common) in relation to, or occupying, land specified in the draft order;

persons who are entitled to exercise rights of common (and in particular persons exercising rights of common) over any such land; and

persons with functions under an enactment which relate to the maintenance or management of any such land.

provision supplementary to any term of the standard constitution;

provision disapplying any such term;

provision replacing any such term.

provision is made under subsection (3) that is inconsistent with any term of the standard constitution, and

any such term has not been expressly disapplied under that subsection,

the standard constitution; or

an order under section 26.

the membership of the council;

participation in the council by persons other than members;

the proceedings of the council;

the keeping and publication of accounts, annual reports and other information relating to the council.

the appointment of members (by election or otherwise);

the term for which members are appointed;

co-option of members;

the conduct of members;

resignation and disqualification of members;

termination and renewal of membership;

payment of allowances to members.

entitlement to elect members;

entitlement to attend meetings.

the frequency of meetings;

voting procedures at meetings;

committees and sub-committees.

the appointment of auditors;

the preparation and publication of accounts;

the preparation and publication of annual reports.

the management of agricultural activities on the land for which the council is established;

the management of vegetation on the land;

the management of rights of common on the land.

making rules relating to agricultural activities, the management of vegetation and the exercise of rights of common on the land for which the council is established;

making rules relating to the leasing or licensing of rights of common;

preparing and maintaining a register of grazing;

establishing and maintaining boundaries;

removing unlawful boundaries and other encroachments;

removing animals unlawfully permitted to graze.

limiting or imposing conditions on the exercise of rights of common over, or the exercise of rights to use the surplus of, the land for which the council is established;

requiring the provision of information to the commons council in relation to the exercise of those rights.

dispose of any animal it removes; and

recover from the owner of the animal the costs that it may reasonably incur in removing and disposing of it.

any guidance given by the appropriate national authority; and

the public interest in relation to the land for which it is established.

nature conservation;

the conservation of the landscape;

the protection of public rights of access to any area of land; and

the protection of archaeological remains and features of historic interest.

enter into agreements;

prepare and adopt management plans;

raise money (including by applying for funds from any source);

acquire or dispose of land;

employ staff.

the exercise of rights of common over, or the exercise of rights to use the surplus of, the land for which the council is established, and

participation in the council,

what the commons council proposes to do;

the time within which the person on whom it is served may object (which may not be less than 28 days after service of the notice); and

the manner in which he may object.

the council may post the notice on the land; and

the notice is to be treated as having been served on the person at the time the notice is posted.

owns the land; or

is entitled to exercise any right over the land.

is made with the consent of the appropriate national authority pursuant to a function of making rules conferred on a commons council under section 31; and

specifies that a person who contravenes it is guilty of an offence under this section.

a fine not exceeding level 4 on the standard scale; and

in the case of a continuing offence, to a further fine not exceeding one half of level 1 on the standard scale for each day during which the offence continues after conviction.

the commons council; and

any other person it thinks appropriate.

vary or abolish the jurisdiction so far as relating to the land of any court of a description referred to in Part 1 of Schedule 4 to the Administration of Justice Act 1977 (c. 38) (certain ancient courts);

vary or revoke any regulations or arrangement made under the Commons Act 1908 (c. 44);

vary or revoke any scheme made under the Commons Act 1899 (c. 30), or any arrangement arising under such a scheme;

vary or revoke any Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners or any arrangement arising under such an Act;

vary or revoke any local or personal Act, or any scheme or arrangement under such an Act, which relates to the management or maintenance of, or the exercise of rights of common over, the land.

the council has ceased to operate;

the council is failing to discharge its functions in an effective manner; or

the council is, in discharging its functions, failing to have sufficient regard to the public interest as required by section 31.

provision for the transfer of rights, property and liabilities of the commons council;

provision amending any enactment previously amended under section 36 in relation to the council.

land is registered as common land or a town or village green;

no person is registered in the register of title as the owner of the land; and

it appears to a local authority in whose area the land or any part of it is situated that the owner cannot be identified.

take any steps to protect the land against unlawful interference that could be taken by an owner in possession of the land; and

institute proceedings against any person for any offence committed in respect of the land (but without prejudice to any power exercisable apart from this section).

a county, district or parish council in England;

a London borough council; and

a county, county borough or community council in Wales.

the activity is unauthorised; and

within such reasonable period as may be specified in the notice to stop carrying out the activity, or stop causing it to be carried out, to the extent that it is unauthorised;

not to carry out, or cause to be carried out, any other unauthorised agricultural activity on the land which would be detrimental to the matters specified in subsection (1)(c)(i) and (ii);

to supply the authority with such information relating to agricultural activities on the land carried out, or caused to be carried out, by him as it may reasonably require.

notify the persons specified in subsection (4) of its intention to serve the notice; and

publicise its intention to do so (in such manner as it thinks fit).

any commons council for the land;

any other person with functions under any enactment which relate to the maintenance or management of the land; and

any person appearing to the authority to own or occupy the land.

any criminal or civil proceedings that have been or may be commenced in relation to the activity; and

any steps taken by a commons council in relation to the activity.

the appropriate national authority may apply to F12 the county courtfor an order requiring him to do so; and

the court may make such an order for the purpose of securing compliance with the notice as it thinks fit.

has no right or entitlement by virtue of his ownership or occupation of the land, or pursuant to any right of common, to do so; or

is not doing so with the authority of the person or persons entitled to give such authority.

nature conservation;

the conservation of the landscape;

the protection of public rights of access to any area of land; and

the protection of archaeological remains and features of historic interest.

section 2 of the Gifts for Churches Act 1811 (c. 115);

in section 2 of the School Sites Act 1841 (c. 38), the words from “Provided also, that where any portion” to “such conveyance;”;

in section 1 of the Literary and Scientific Institutions Act 1854 (c. 112), the words from “Provided also” to the end.

in subsection (1), for the words from “their district” to the end substitute “ in the public interest ”;

after that subsection insert—

for subsections (1) to (3) and the first paragraph of subsection (4) substitute—

renumber the second paragraph of subsection (4) as subsection (2).

a provision of that Act applying to common land does not apply to land to which Part 1 applies and which is not registered as common land;

a provision of that Act which is expressed to apply to a town or village green does not apply to land to which Part 1 applies and which is not registered as a town or village green;

to remove any function of the national authority which relates to the common land;

to transfer such a function from the national authority to another person;

to substitute for a requirement referred to in paragraph (c) a requirement that a person other than the national authority be consulted, or his consent obtained, in relation to the act or omission.

any land registered as common land or as a town or village green;

any land referred to in section 5(2); and

any land not falling within paragraph (a) or (b) which is subject to a scheme under the Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30).

to remove any function of the national authority which relates to land to which the Act applies;

to transfer such a function from the national authority to another person;

to substitute for a requirement referred to in paragraph (c) a requirement that a person other than the national authority be consulted, or his consent obtained, in relation to the act or omission.

the Secretary of State; and

the National Assembly for Wales.

begins with the coming into force of this section; and

ends with the coming into force of section 1 in relation to that area.

transitional, consequential, incidental and supplemental provision or savings;

different provision for different purposes or areas.

any reference to land registered as common land or a town or village green is to land so registered in a register of common land or town or village greens;

any reference to a register of common land or town or village greens is to such a register kept under Part 1 of this Act.

references to the ownership or the owner of any land are references to the ownership of a legal estate in fee simple in the land or to the person holding that estate;

references to land registered in the register of title are references to land the fee simple of which is so registered.