SCHEDULES
SCHEDULE 1Authorised severance
Severance by transfer to public bodies
1
1
A right of common to which section 9 applies may on or after the day on which this Schedule comes into force be severed permanently from the land to which it is attached by being transferred on its own to—
a
any commons council established for the land over which the right is exercisable;
b
Natural England (where the land or any part of it is in England); or
c
F15the Natural Resources Body for Wales (where the land or any part of it is in Wales).
2
Where a person proposes to sever a right of common to which section 9 applies by a transfer under sub-paragraph (1)(b) or (c), Natural England or F4the Natural Resources Body for Wales as the case may be must—
a
give notice of the proposal to the owner of the land over which the right is exercisable unless his name and address cannot reasonably be ascertained;
b
in a case where there is no commons council established for the land, give notice of the proposal to such persons (if any) as they consider represent the interests of persons exercising rights of common over the land.
3
A notice under sub-paragraph (2) must be given at least two months before the transfer and must—
a
specify the name and address of the owner of the land to which the right is attached;
b
describe the right proposed to be transferred, giving such details as regulations may specify;
c
state the proposed consideration for the transfer; and
d
give such other information as regulations may specify.
4
Where a right of common to which section 9 applies is exercisable over land for which a commons council is established, the right may only be severed by a transfer under sub-paragraph (1)(b) or (c) if that council consents to the transfer.
5
In a case where there is no commons council established for the land over which a right of common to which section 9 applies is exercisable, the appropriate national authority may by order provide that a person with functions of management conferred by any enactment in relation to that land is to be regarded, for any or all purposes of this paragraph, as a commons council established for the land.
6
The severance of a right of common by its transfer under sub-paragraph (1)—
a
only has effect if the transfer complies with such requirements as to form and content as regulations may provide; and
b
does not operate at law until, on an application under this Schedule, the transferee is registered as the owner of the right in the register of common land or of town or village greens in which the right is registered.
Temporary severance by letting or leasing
2
1
A right of common to which section 9 applies may, on or after the day on which this Schedule comes into force, to any extent be severed temporarily from the land to which it is attached by virtue of the right, or all or part of the land, being leased or licensed on its own in accordance with—
a
provision made by order by the appropriate national authority; or
b
rules made in relation to the land by a commons council under section 31.
2
Provision under sub-paragraph (1)(a) and rules referred to in sub-paragraph (1)(b) may be framed by reference to—
a
particular land or descriptions of land;
b
descriptions of persons to whom rights of common may be leased or licensed.
3
Where—
a
provision under sub-paragraph (1)(a) applies in relation to any land, and
b
rules referred to in sub-paragraph (1)(b) also apply in relation to that land and are inconsistent with that provision,
the rules prevail over that provision, to the extent of the inconsistency, in relation to that land.
4
The appropriate national authority may by order provide that the leasing or licensing of a right of common (whether authorised by provision under sub-paragraph (1)(a) or by rules referred to in sub-paragraph (1)(b)) must comply with such requirements as to form and content as the order may provide.
Severance authorised by order
3
1
The appropriate national authority may by order make provision authorising rights of common to which section 9 applies to be severed permanently from the land to which they are attached by transfer in accordance with that provision.
2
Provision under sub-paragraph (1) is to be framed by reference to—
a
particular land over which the rights of common are exercisable, or
b
particular descriptions of such land,
and may authorise transfers to particular persons, particular descriptions of persons or any person.
3
The appropriate national authority must, before making any provision under sub-paragraph (1) in relation to any land, consult such persons (if any) as it considers represent the interests of—
a
persons who own the land;
b
persons who exercise rights of common over the land.
4
Provision under sub-paragraph (1) may include provision securing that the owner of any land over which a right of common is exercisable is to be notified, and his consent obtained, before the right may be transferred.
5
Provision referred to in sub-paragraph (4) may include—
a
provision as to the circumstances in which notification may be regarded as having been given; or
b
provision as to the circumstances in which consent may be regarded as having been obtained.
6
Provision referred to in sub-paragraph (5)(b) may include—
a
provision for consent to be regarded as having been obtained if it is withheld unreasonably;
b
provision for the circumstances in which consent is to be regarded as withheld unreasonably;
c
provision for the resolution of disputes.
7
The severance of a right of common by its transfer under provision under sub-paragraph (1)—
a
only has effect if the transfer complies with such requirements as to form and content as regulations may provide; and
b
does not operate at law until, on an application under this Schedule, the transferee is registered as the owner of the right in the register of common land or of town or village greens in which the right is registered.
8
Provision under sub-paragraph (1) may include provision to secure the result that where—
a
the person to whom the right of common is transferred is the owner of land to which rights of common are attached, and
b
those rights are exercisable over the same land, or substantially the same land, as the right of common being transferred,
the transferee must, when making an application as specified in sub-paragraph (7)(b), apply to the commons registration authority for the right to be registered as attached to the land referred to in paragraph (a).
F9SCHEDULE 1AF6Exclusion of right under section 15: England
Sch. 1A title substituted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 53(3), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)
Trigger events | Terminating events |
---|---|
1. An application for planning permission F8, or permission in principle, in relation to the land which would be determined under section 70 of the 1990 Act is first publicised in accordance with requirements imposed by a development order by virtue of section 65(1) of that Act. |
|
2. An application for planning permission F8, or permission in principle, made in relation to the land under section 293A of the 1990 Act is first publicised in accordance with subsection (8) of that section. |
|
3. A draft of a development plan document which identifies the land for potential development is published for consultation in accordance with regulations under section 17(7) of the 2004 Act. |
|
4. A development plan document which identifies the land for potential development is adopted under section 23(2) or (3) of the 2004 Act. |
|
F74A. A local planning authority first publicise their intention to enter land in Part 2 of a register under section 14A of the Planning and Compulsory Purchase Act 2004 in accordance with requirements imposed by regulations under that section. | F7The period of 10 weeks, beginning with the date of first publication of their intention, expires without the land being entered on Part 2 of the register. |
F74B. A local planning authority first publicise the entry of land in Part 2 of a register under section 14A of the Planning and Compulsory Purchase Act 2004 in accordance with requirements imposed by regulations under that section. | F7A permission in principle granted under section 59A(1)(a) of the Town and Country Planning Act 1990, in relation to the land allocated for development in the register, expires by virtue of section 59A(7). |
5. A proposal for a neighbourhood development plan which identifies the land for potential development is published by a local planning authority for consultation in accordance with regulations under paragraph 4(1) of Schedule 4B to the 1990 Act as it applies by virtue of section 38A(3) of the 2004 Act. |
|
6. A neighbourhood development plan which identifies the land for potential development is made under section 38A of the 2004 Act. |
|
7. A development plan for the purposes of section 27 or 54 of the 1990 Act, or anything treated as contained in such a plan by virtue of Schedule 8 to the 2004 Act, continues to have effect (by virtue of that Schedule) on the commencement of section 16 of the Growth and Infrastructure Act 2013 and identifies the land for potential development. | The plan ceases to have effect by virtue of paragraph 1 of Schedule 8 to the 2004 Act. |
F27A. A draft of a local development order under section 61A(2) of the 1990 Act which would grant permission for operational development of the land is first published for consultation in accordance with provision included (by virtue of paragraph 1 of Schedule 4A to that Act) in a development order made under section 59 of that Act. | F2(a) The draft is withdrawn. |
F2(b) The order is adopted by resolution of the local planning authority (and, accordingly, comes into effect by virtue of paragraph 3 of Schedule 4A to the 1990 Act) (but see paragraph 7B of this Table). | |
F2(c) The period of two years beginning with the day on which the draft is published for consultation expires. | |
F27B. A local development order which grants permission for operational development of the land is adopted by resolution of the local planning authority (and, accordingly, comes into effect by virtue of paragraph 3 of Schedule 4A to the 1990 Act). | F2(a) Where the order includes (by virtue of section 61C(1) of the 1990 Act) provision which, however expressed, has the effect that the grant of permission ceases to apply on a particular day, that day passes. |
F2(b) The order is revoked under section 61A(6) or 61B(8)(a) of that Act. | |
F2(c) A revision of the order prepared under paragraph 2 of Schedule 4A to that Act which provides that operational development of the land is no longer permitted is adopted. | |
F2(d) A direction is given under provision included in the order by virtue of section 61C(2) of that Act specifying that the permission granted by the order does not apply in relation to the land. | |
F27C. A draft of a neighbourhood development order which would grant permission for operational development of the land is first published for consultation by a local planning authority in accordance with regulations made under paragraph 4(1) of Schedule 4B to the 1990 Act. | F2a) The draft is withdrawn under paragraph 2(1) of Schedule 4B to the 1990 Act or treated as so withdrawn by virtue of paragraph 2(2) of that Schedule. |
F2 The order is made under section 61E(4) of that Act (but see paragraph 7D of this Table). | |
F2(c) The period of two years beginning with the day on which the draft is published for consultation expires. | |
F27D. A neighbourhood development order which grants permission for operational development of the land is made under section 61E(4) of the 1990 Act. | F2(a) Where the order includes (by virtue of section 61L(1) of the 1990 Act) provision which, however expressed, has the effect that the grant of permission ceases to apply on a particular day, that day passes. |
F2(b) Where the order provides (by virtue of section 61L(5) of that Act) that development permitted by the order must begin before the end of a specified period, that period expires without the development having been begun. | |
F2(c) The order is revoked under section 61M(1) or (2) of the 1990 Act. | |
8. A proposed application for an order granting development consent under section 114 of the 2008 Act in relation to the land is first publicised in accordance with section 48 of that Act. |
|
9. An application for such an order in relation to the land is first publicised in accordance with section 56(7) of the 2008 Act. |
|
F510. A notice is published by virtue of section 6 of the Transport and Works Act 1992 that an application has been made under that section, in circumstances where the notice contains a statement that a direction for deemed planning permission in respect of the land under section 90(2A) of the 1990 Act is being applied for. | (a) The application for a direction is withdrawn. |
b) In circumstances where the direction is refused, all means of challenging the refusal in legal proceedings in the United Kingdom are exhausted. | |
(c) In circumstances where the direction is given, the period within which the development to which the direction relates must be begun expires without the development having been begun. |
Interpretation
In this Schedule—
F12“operational development” means any development within the meaning of the 1990 Act other than development which consists only of the making of a material change in the use of any buildings or other land;
“ the 1990 Act ” means the Town and Country Planning Act 1990;
“ the 2004 Act ” means the Planning and Compulsory Purchase Act 2004;
“ the 2008 Act ” means the Planning Act 2008.
Notes
1
For the purposes of this Schedule, all means of challenging a decision in legal proceedings in the United Kingdom are to be treated as exhausted and the decision is to be treated as upheld if, at any stage in the proceedings, the time normally allowed for the making of an appeal or further appeal or the taking of any other step to challenge the decision expires without the appeal having been made or (as the case may be) the other step having been taken.
2
Paragraph 7 of the first column of the Table does not apply in relation to a part of a development plan for the purposes of section 27 or 54 of the 1990 Act which consists of—
a
Part 1 of a unitary development plan or alterations to such a Part, or
b
a structure plan or alterations to such a plan.
F13
Paragraph (a) of the entry in the second column corresponding to paragraph 7B does not apply in circumstances where development of the land may be completed by virtue of provision made in the local development order under section 61C(1) of the 1990 Act.
F14
Paragraphs (b) to (d) of the entry in the second column corresponding to paragraph 7B do not apply in circumstances where development of the land may be completed by virtue of provision made in the local development order under section 61D(1) of the 1990 Act.
F15
Paragraph (a) of the entry in the second column corresponding to paragraph 7D does not apply in circumstances where development of the land may be completed by virtue of provision made in the neighbourhood development order under section 61L(1) of the 1990 Act.
F16
Paragraph (c) of the entry in the second column corresponding to paragraph 7D does not apply in circumstances where development of the land may be completed by virtue of section 61L(7) of the 1990 Act.
F14SCHEDULE 1BExclusion of right under section 15: Wales
Sch. 1B inserted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 6; S.I. 2018/1022, art. 2(b) (with art. 3)
Trigger events | Terminating events |
---|---|
1. An application for planning permission for development of the land is granted under the 1990 Act, or a direction that planning permission for development of the land is deemed to be granted is given under section 90 of that Act. |
|
2. A local development order which grants planning permission for operational development of the land is adopted for the purposes of paragraph 3 of Schedule 4A to the 1990 Act. |
|
3. An order granting development consent for development of the land is made under section 114 of the 2008 Act. |
|
Interpretation
1
In this Schedule—
“operational development” means any development within the meaning of the 1990 Act other than development which consists only of the making of a material change in the use of any buildings or other land;
“the 1990 Act” means the Town and Country Planning Act 1990;
“the 2008 Act” means the Planning Act 2008.
2
An event specified in the entry in the second column of the Table corresponding to paragraph 2 is not a terminating event in circumstances where the local development order permits the completion of operational development of the land which began before the occurrence of the event.
C9C8C10C6C12SCHEDULE 2Non-registration or mistaken registration under the 1965 Act
Sch. 2 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)
Sch. 2 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)
Sch. 2 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)
Sch. 2 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)
Sch. 2 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)
Introductory
I46I95I75C141
In this Schedule “the 1965 Act” means the Commons Registration Act 1965 (c. 64).
Non-registration of common land
I14I61C16C2I32C15C182
I841
If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.
2
This paragraph applies to any land which—
I84a
was not at any time finally registered as common land or as a town or village green under the 1965 Act;
I84b
is land which is—
i
regulated by an Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners;
ii
subject to a scheme under Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30);
iii
regulated as common land under a local or personal Act; or
iv
otherwise recognised or designated as common land by or under an enactment;
I84c
is land to which this Part applies; and
I52d
satisfies such other conditions as regulations may specify.
I523
A commons registration authority may only register land under sub-paragraph (1) acting on—
a
the application of any person made before such date as regulations may specify; or
b
a proposal made and published by the authority before such date as regulations may specify.
Non-registration of town or village green
I15I82C16C2I44C15C15C203
I1011
If a commons registration authority is satisfied that any land not registered as a town or village green or as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as a town or village green in its register of town or village greens.
2
This paragraph applies to any land which—
I101a
on 31 July 1970 was land allotted by or under any Act for the exercise or recreation of the inhabitants of any locality;
I101b
was not at any time finally registered as a town or village green or as common land under the 1965 Act;
I101c
continues to be land allotted as specified in paragraph (a);
I101d
is land to which this Part applies; and
I36e
satisfies such other conditions as regulations may specify.
I363
A commons registration authority may only register land under sub-paragraph (1) acting on—
a
the application of any person made before such date as regulations may specify; or
b
a proposal made and published by the authority before such date as regulations may specify.
Waste land of a manor not registered as common land
I16I104C16C2I85C15C15C54
I581
If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.
I582
This paragraph applies to land which at the time of the application under sub-paragraph (1) is waste land of a manor and where, before the commencement of this paragraph—
a
the land was provisionally registered as common land under section 4 of the 1965 Act;
b
an objection was made in relation to the provisional registration; and
c
the provisional registration was cancelled in the circumstances specified in sub-paragraph (3), (4) or (5).
I583
The circumstances in this sub-paragraph are that—
a
the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;
b
the Commissioner determined that, although the land had been waste land of a manor at some earlier time, it was not such land at the time of the determination because it had ceased to be connected with the manor; and
c
for that reason only the Commissioner refused to confirm the provisional registration.
I584
The circumstances in this sub-paragraph are that—
a
the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;
b
the Commissioner determined that the land was not subject to rights of common and for that reason refused to confirm the provisional registration; and
c
the Commissioner did not consider whether the land was waste land of a manor.
I585
The circumstances in this sub-paragraph are that the person on whose application the provisional registration was made requested or agreed to its cancellation (whether before or after its referral to a Commons Commissioner).
I896
A commons registration authority may only register land under sub-paragraph (1) acting on—
a
the application of any person made before such date as regulations may specify; or
b
a proposal made and published by the authority before such date as regulations may specify.
Town or village green wrongly registered as common land
I17I66I76C75
I681
If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land and register it in its register of town or village greens.
I682
This paragraph applies to land where—
a
the land was provisionally registered as common land under section 4 of the 1965 Act;
b
the provisional registration became final; but
c
immediately before its provisional registration, the land was a town or village green within the meaning of that Act as originally enacted.
I573
A commons registration authority may only remove and register land under sub-paragraph (1) acting on—
a
the application of any person made before such date as regulations may specify; or
b
a proposal made and published by the authority before such date as regulations may specify.
Buildings registered as common land
I18I39I64C46
I511
If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of common land.
I512
This paragraph applies to land where—
a
the land was provisionally registered as common land under section 4 of the 1965 Act;
b
on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;
c
the provisional registration became final; and
d
since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building.
I403
A commons registration authority may only remove land under sub-paragraph (1) acting on—
a
the application of any person made before such date as regulations may specify; or
b
a proposal made and published by the authority before such date as regulations may specify.
Other land wrongly registered as common land
I19I55I37C37
I711
If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land.
I712
This paragraph applies to land where—
a
the land was provisionally registered as common land under section 4 of the 1965 Act;
b
the provisional registration of the land as common land was not referred to a Commons Commissioner under section 5 of the 1965 Act;
c
the provisional registration became final; and
d
immediately before its provisional registration the land was not any of the following—
i
land subject to rights of common;
ii
waste land of a manor;
iii
a town or village green within the meaning of the 1965 Act as originally enacted; or
iv
land of a description specified in section 11 of the Inclosure Act 1845 (c. 118).
I873
A commons registration authority may only remove land under sub-paragraph (1) acting on—
a
the application of any person made before such date as regulations may specify; or
b
a proposal made and published by the authority before such date as regulations may specify.
Buildings registered as town or village green
I20I105I53C178
I631
If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of town or village greens.
I632
This paragraph applies to land where—
a
the land was provisionally registered as a town or village green under section 4 of the 1965 Act;
b
on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;
c
the provisional registration became final; and
d
since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building.
I563
A commons registration authority may only remove land under sub-paragraph (1) acting on—
a
the application of any person made before such date as regulations may specify; or
b
a proposal made and published by the authority before such date as regulations may specify.
Other land wrongly registered as town or village green
I21I72I31C19
I291
If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of town or village greens.
I292
This paragraph applies to land where—
a
the land was provisionally registered as a town or village green under section 4 of the 1965 Act;
b
the provisional registration of the land as a town or village green was not referred to a Commons Commissioner under section 5 of the 1965 Act;
c
the provisional registration became final; and
d
immediately before its provisional registration the land was not—
i
common land within the meaning of that Act; or
ii
a town or village green.
I293
For the purposes of sub-paragraph (2)(d)(ii), land is to be taken not to have been a town or village green immediately before its provisional registration if (and only if)—
a
throughout the period of 20 years preceding the date of its provisional registration the land was, by reason of its physical nature, unusable by members of the public for the purposes of lawful sports and pastimes; and
b
immediately before its provisional registration the land was not, and at the time of the application under this paragraph still is not, allotted by or under any Act for the exercise or recreation of the inhabitants of any locality.
I544
A commons registration authority may only remove land under sub-paragraph (1) acting on—
a
the application of any person made before such date as regulations may specify; or
b
a proposal made and published by the authority before such date as regulations may specify.
Costs
I22I50I41I94C1910
1
Regulations may make provision as to the payment of costs which pursuant to an application under this Schedule are incurred by the applicant, an objector or the person determining the application.
2
That provision may in particular include provision—
a
for the payment of costs by the applicant, an objector or a commons registration authority;
b
for the person determining an application or the appropriate national authority to determine who is liable to pay costs and how much they are liable to pay.
SCHEDULE 3Registration: transitional provision
Interpretation
I100I731
In this Schedule “the 1965 Act” means the Commons Registration Act 1965 (c. 64).
Transitional period for updating registers
I23I90I862
1
Regulations may make provision for commons registration authorities, during a period specified in the regulations (“the transitional period”), to amend their registers of common land and town or village greens in consequence of qualifying events which were not registered under the 1965 Act.
2
The following are qualifying events for the purposes of this Schedule—
a
the creation of a right of common (by any means, including prescription), where occurring in relation to land to which this Part applies at any time—
i
after 2 January 1970; and
ii
before the commencement of this paragraph;
b
any relevant disposition in relation to a right of common registered under the 1965 Act, or any extinguishment of such a right, where occurring at any time—
i
after the date of the registration of the right under that Act; and
ii
before the commencement of this paragraph;
c
a disposition occurring before the commencement of this paragraph by virtue of any relevant instrument in relation to land which at the time of the disposition was registered as common land or a town or village green under the 1965 Act;
d
the giving of land in exchange for any land subject to a disposition referred to in paragraph (c).
3
In sub-paragraph (2)(b) “relevant disposition” means—
a
the surrender of a right of common;
b
the variation of a right of common;
c
in the case of a right of common attached to land, the apportionment or severance of the right;
d
in the case of a right not attached to land, the transfer of the right.
4
In sub-paragraph (2)(c) “relevant instrument” means—
a
any order, deed or other instrument made under or pursuant to the Acquisition of Land Act 1981 (c. 67);
b
a conveyance made for the purposes of section 13 of the New Parishes Measure 1943 (No. 1);
c
any other instrument made under or pursuant to any enactment.
5
Regulations under this paragraph may include provision for commons registration authorities to amend their registers as specified in sub-paragraph (1)—
a
on the application of a person specified in the regulations; or
b
on their own initiative.
6
Regulations under sub-paragraph (5)(b) may include provision requiring a commons registration authority to take steps to discover information relating to qualifying events, including in particular requiring an authority to—
a
carry out a review of information already contained in a register of common land or town or village greens;
b
publicise the review;
c
invite persons to supply information for, or to apply for amendment of, the register.
I70I77C13C113
At the end of the transitional period, any right of common which—
a
is not registered in a register of common land or town or village greens, but
b
was capable of being so registered under paragraph 2,
is by virtue of this paragraph at that time extinguished.
I24I88I984
1
Regulations may make provision for commons registration authorities to amend their registers of common land or town or village greens after the end of the transitional period, in circumstances specified in the regulations, in consequence of qualifying events.
2
Regulations under this paragraph may provide that paragraph 3 is to be treated as not having applied to any right of common which is registered pursuant to the regulations.
I25I65I625
Regulations under paragraph 2 or 4 may in particular include provision as to what is or is not to be regarded as severance of a right of common for the purposes of those regulations.
Effect of repeals
I38I476
The repeal by this Act of section 1(2)(b) of the 1965 Act does not affect the extinguishment of rights of common occurring by virtue of that provision.
I30I807
The repeal by this Act of section 21(1) of the 1965 Act does not affect the application of section 193 of the Law of Property Act 1925 (c. 20) in relation to any land.
Ownership of common land or town or village green
I26I69I1038
1
Where the ownership of any land is registered in any register under the 1965 Act immediately before the commencement of this Schedule the ownership shall, subject to this Part, continue to be registered in that register.44
2
Where the ownership of land continues to be registered in a register of common land or town or village greens pursuant to sub-paragraph (1), if the commons registration authority is notified by the Chief Land Registrar that the land has been registered in the register of title, the authority shall—
a
remove the registration of ownership; and
b
indicate in the register in such manner as may be specified in regulations that the land has been registered in the register of title.
3
Regulations may require commons registration authorities—
a
to remove registration of ownership of land from their registers of common land and town or village greens;
b
to keep or otherwise deal with documents received by them in connection with the registration of ownership of land in such manner as the regulations may specify.
Vesting of unclaimed land
I19
1
The repeal by this Act of section 8 of the 1965 Act does not affect the vesting of land in any local authority (within the meaning of that Act) occurring by virtue of that provision.
2
Unless land so vesting is regulated by a scheme under the Commons Act 1899 (c. 30), sections 10 and 15 of the Open Spaces Act 1906 (c. 25) (power to manage and make byelaws) shall continue to apply to it as if the local authority had acquired the ownership under that Act of 1906.
SCHEDULE 4Works: supplementary
Metropolitan commons
I4I671
In section 5 of the Metropolitan Commons Act 1866 (c. 122)
(prohibition on inclosure), after “inclosure of a metropolitan common” insert “
which is under the control and management of a London borough council
”
.
I5I832
1
The Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) is amended as follows.
2
In article 12 (restriction on powers in relation to commons), in paragraph (1) omit “(which consent the Minister may give in such cases as he thinks fit)”.
3
In that article, after paragraph (2) insert—
2A
Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under paragraph (1) as they apply in relation to an application for consent under section 38(1) of that Act.
2B
Section 41 of that Act applies in relation to the carrying out of works in contravention of paragraph (1) as it applies to works carried out in contravention of section 38(1) of that Act (and as if references to consent under that provision were to consent under paragraph (1)).
4
Omit paragraph (3) of that article.
5
In article 17 (street improvement), in paragraph (1), after “enactment” insert “
or in any scheme made under, or confirmed by, any enactment
”
.
6
In that article—
a
in paragraph (2), omit the words from “and the Minister” to the end;
b
after that paragraph insert—
2A
Where an application is made for consent under paragraph (2) in the case of any common, section 40 of the Commons Act 2006 applies in relation to the application as it applies in relation to an application for consent under section 38(1) of that Act.
2B
Where an application is made for consent under paragraph (2) in any other case, the Minister before giving any consent shall have regard to any representations made to him in the manner specified in paragraph (3).
c
in paragraph (3), after “paragraph (2)” insert “
in a case to which paragraph (2B) applies
”
.
National Trust property
I6I1023
1
Section 29 of the National Trust Act 1907 (c. cxxxvi) (powers exercisable over common or commonable land) is amended as follows.
2
Renumber the existing provision as subsection (1).
3
In that subsection, for “consists of common or commonable land” substitute “
is land to which this section applies
”
.
4
After that subsection insert—
2
This section applies to—
a
any land registered as common land;
b
land not so registered which is—
i
regulated by an Act made under the Commons Act 1876 confirming a provisional order of the Inclosure Commissioners; or
ii
subject to a scheme under the Metropolitan Commons Act 1866 or the Commons Act 1899; and
c
land not falling within paragraph (a) or (b) which is in the New Forest and is subject to rights of common.
I7I784
1
Section 23 of the National Trust Act 1971 (c. vi) (powers over common land) is amended as follows.
2
In subsection (2), omit the words from “, and in giving” to the end.
3
After that subsection insert—
2A
Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under subsection (2) of this section as they apply in relation to an application for consent under section 38(1) of that Act.
2B
Section 41 of that Act applies in relation to the carrying out of works in contravention of subsection (2) of this section as it applies to works carried out in contravention of section 38(1) of that Act (and as if references to consent under that provision were to consent under subsection (2) of this section).
2C
Nothing in section 38 of the Commons Act 2006 applies in relation to land to which section 29 of the Act of 1907 applies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provision
I26
In its application to any works carried out on or after 28 June 2005 but before the day on which section 38(1) above comes into force, section 194(2) of the Law of Property Act 1925 (c. 20) shall have effect as if the words “interested in the common” were omitted.
I8I597
The prohibition in section 38(1) does not apply to works carried out in connection with the taking or working of minerals if—
a
the works were granted planning permission under any enactment before the commencement of section 38;
b
the works are carried out in accordance with that planning permission in the period allowed for the works to be carried out (subject to any extension of time granted before or after the commencement of that section).
SCHEDULE 5Minor and consequential amendments
Countryside Act 1968 (c. 41)
I431
1
The Countryside Act 1968 is amended as follows.
2
In section 9(6), for the definition of “common land” substitute—
“common land” means—
a
land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006;
b
land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;
3
In Schedule 2, in paragraph 7, for the words from “section 22(1)” to the end substitute “
the principal section
”
.
Animals Act 1971 (c. 22)
I602
In section 11 of the Animals Act 1971, for the definitions of “common land” and “town or village green” substitute—
“common land” means—
a
land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006;
b
land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;
“town or village green” means land registered as a town or village green in a register of town or village greens kept under Part 1 of the Commons Act 2006;
Wildlife and Countryside Act 1981 (c. 69)
I79I333
In section 52(2C) of the Wildlife and Countryside Act 1981—
a
for “common land”
(in the first place where it occurs) substitute “
subject to rights of common (within the meaning of the Commons Act 2006)
”
;
b
for the words from “the commoners” to the end of the subsection substitute “
the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land
”
.
Norfolk and Suffolk Broads Act 1988 (c. 4)
I124
In Schedule 3 to the Norfolk and Suffolk Broads Act 1988, in paragraph 38(1)(d), for “section 9 of the Commons Registration Act 1965” substitute “
section 45 of the Commons Act 2006
”
.
Criminal Justice and Public Order Act 1994 (c. 33)
I425
In section 61(9) of the Criminal Justice and Public Order Act 1994—
a
for the definition of “common land” substitute—
“common land” means—
a
land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; and
b
land to which Part 1 of that Act does not apply and which is subject to rights of common as defined in that Act;
b
in the definition of “commoner”, for the words from “as defined” to the end substitute “
as so defined;
”
;
c
in the definition of “the local authority”, for “section 9 of the Commons Registration Act 1965” substitute “
section 45 of the Commons Act 2006
”
.
Environment Act 1995 (c. 25)
I136
In Schedule 9 to the Environment Act 1995, in paragraph 1—
a
in sub-paragraph (2)(d), for “section 9 of the Commons Registration Act 1965” substitute “
section 45 of the Commons Act 2006
”
;
Countryside and Rights of Way Act 2000 (c. 37)
I37
I74I351
The Countryside and Rights of Way Act 2000 is amended as follows.
I34I352
In section 1, in subsection (3)—
a
for paragraph (a) substitute “
land which is registered as common land in a register of common land kept under Part 1 of the Commons Act 2006.
”
;
b
omit paragraph (b).
I34I353
In that section, omit subsection (4).
I34I354
In section 45(1), in the definition of “rights of common”, for “the Commons Registration Act 1965” substitute “
the Commons Act 2006
”
.
5
In section 46(2), for “section” substitute “
subsection
”
.
Land Registration Act 2002 (c. 9)
I93I488
1
The Land Registration Act 2002 is amended as follows.
2
In section 27(2)(d), for “the Commons Registration Act 1965 (c. 64)” substitute “
Part 1 of the Commons Act 2006
”
.
3
In section 33(d), for “the Commons Registration Act 1965 (c. 64)” substitute “
Part 1 of the Commons Act 2006
”
.
4
In Schedule 3, in paragraph 3(1), for “the Commons Registration Act 1965 (c. 64)” substitute “
Part 1 of the Commons Act 2006
”
.
SCHEDULE 6Repeals
I28I81I96I91I9Part 1Repeals relating to registration
Sch. 6 Pt. 1 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(h), Sch. (with art. 3)
Sch. 6 Pt. 1 in force at 1.12.2010 for specified purposes by S.I. 2010/2356, art. 3(2) (with art. 4)
Sch. 6 Pt. 1 in force at 1.12.2010 for specified purposes by S.I. 2010/2356, art. 3(3)
Sch. 6 Pt. 1 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(i) (with art. 5)
Sch. 6 Pt. 1 partly in force; Sch. 6 Pt. 1 not in force at Royal Assent see s. 56(1); Sch. 6 Pt. 1 in force for certain purposes for E. at 1.10.2006 by S.I. 2006/2504, art. 2(h) (with art. 3); Sch. 6 Pt. 1 in force for certain purposes for E. at 6.4.2007 by S.I. 2007/456, art. 3 (with art. 4); Sch. 6 Pt. 1 in force for certain purposes for W. at 6.9.2007 by S.I. 2007/2386, art. 3 (with art. 4)
Short title and chapter | Extent of repeal |
---|---|
Commons Registration Act 1965 (c. 64) | The whole Act. |
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 4, the paragraph relating to Commons Commissioners. |
Local Government Act 1972 (c. 70) | Section 189(1) and (2). |
Local Government Act 1985 (c. 51) | In Schedule 8, paragraph 10(6). |
Dartmoor Commons Act 1985 (c. xxxvii) | Section 8. |
Common Land (Rectification of Registers) Act 1989 (c. 18) | The whole Act. |
Courts and Legal Services Act 1990 (c. 41) | In Schedule 10, paragraph 26. |
Tribunals and Inquiries Act 1992 (c. 53) | In Schedule 1, in Part 1, the entry relating to Commons Commissioners and assessors. |
Judicial Pensions and Retirement Act 1993 (c. 8) | In Schedule 6, paragraph 26. |
Countryside and Rights of Way Act 2000 (c. 37) | Section 1(3)(b) and (4). Section 46(1). Section 98. |
Land Registration Act 2002 (c. 9) | In Schedule 11, paragraph 7. |
Greenham and Crookham Commons Act 2002 (c. i) | Section 33(1). |
Constitutional Reform Act 2005 (c. 4) | In Schedule 7, in paragraph 4, the entry relating to the Commons Registration Act 1965. In Schedule 14, in Part 3, the entries relating to—
|
I49I10Part 2Repeals relating to works
Sch. 6 Pt. 2 in force at 1.4.2012 for W. in so far as not already in force by S.I. 2012/739, art. 2(h)(ii) (with art. 4(4))
Sch. 6 Pt. 2 partly in force; Sch. 6 Pt. 2 not in force at Royal Assent see s. 56(1); Sch. 6 Pt. 2 in force for certain purposes for E. at 1.10.2006 by S.I. 2006/2504, art. 2(i); Sch. 6 Pt. 2 in force for certain purposes for W. at 6.9.2007 by S.I. 2007/2386, art. 3; Sch. 6 Pt. 2 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)
Short title and chapter | Extent of repeal |
---|---|
Metropolitan Commons Act 1866 (c. 122) | Section 21. |
Commons Act 1876 (c. 56) | In section 30, the words from “Any person aggrieved” to the end of the section. Section 36. |
Commons Act 1899 (c. 30) | Section 21. |
Law of Property Act 1925 (c. 20) | Section 194. |
Administration of Justice (Appeals) Act 1934 (c. 40) | In the Schedule, the reference to subsection (2) of section 194 of the Law of Property Act 1925. |
Compulsory Purchase Act 1965 (c. 56) | In Schedule 7, the entry relating to the Commons Act 1899. |
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) | In article 12 of the Schedule—
In article 17(2) of the Schedule, the words from “and the Minister” to the end. |
National Trust Act 1971 (c. vi) | In section 23(2), the words from “, and in giving” to the end. |
Norfolk and Suffolk Broads Act 1988 (c. 4) | In Schedule 3, paragraph 38(1)(b). |
Local Government (Wales) Act 1994 (c. 19) | In Schedule 16, paragraph 7(2). |
Environment Act 1995 (c. 25) | In Schedule 9, paragraph 1(2)(b). |
Communications Act 2003 (c. 21) | In Schedule 17, paragraph 3. |
I99I11Part 3Repeals relating to approvement and inclosure
Sch. 6 Pt. 3 in force at 1.4.2012 for W. in so far as not already in force by S.I. 2012/739, art. 2(h)(ii) (with art. 4(2))
Sch. 6 Pt. 3 partly in force; Sch. 6 Pt. 3 not in force at Royal Assent, see s. 56(1); Sch. 6 Pt. 3 in force for certain purposes for E. at 1.10.2006 by S.I. 2006/2504, art. 2(j); Sch. 6 Pt. 3 in force for certain purposes for W. at 6.9.2007 by S.I. 2007/2386, art. 3; Sch. 6 Pt. 3 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)
Short title and chapter | Extent of repeal |
---|---|
Commons Act 1285 (13 Edw 1 c. 46) | The whole Act. |
Gifts for Churches Act 1811 (c. 115) | Section 2. |
School Sites Act 1841 (c. 38) | In section 2, the words from “Provided also, that where any portion” to “such conveyance;”. |
Inclosure Act 1845 (c. 118) | Section 147. |
Inclosure Act 1847 (c. 111) | Section 4. |
Literary and Scientific Institutions Act 1854 (c. 112) | In section 1, the words from “Provided also” to the end. |
Inclosure Act 1857 (c. 31) | Sections 4 and 5. |
Commons Act 1876 (c. 56) | Section 31. |
Law of Commons Amendment Act 1893 (c. 57) | The whole Act. |
Commons Act 1899 (c. 30) | In Schedule 1, the references to—
|
Part 4Repeal relating to schemes under the Commons Act 1899
Short title and chapter | Extent of repeal |
---|---|
Commons Act 1899 (c. 30) | In section 1(3), the words from “, and for” to the end. |
I45I27Part 5Repeal relating to vehicular access
Sch. 6 Pt. 5 in force at 1.4.2012 for W. in so far as not already in force by S.I. 2012/739, art. 2(h)(ii)
Sch. 6 Pt. 5 wholly in force at 1.10.2007; Sch. 6 Pt. 5 not in force at Royal Assent see s. 56(1); Sch. 6 Pt. 5 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3; Sch. 6 Pt. 5 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2
Short title and chapter | Extent of repeal |
---|---|
Countryside and Rights of Way Act 2000 (c. 37) | Section 68. |
Sch. 1A inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27) , s. 35(2) , Sch. 4