The Commons Registration (Exempted Land) Regulations 1965

Statutory Instruments

1965 No. 2001

COMMON, ENGLAND

The Commons Registration (Exempted Land) Regulations 1965

Made

22nd November 1965

Laid before Parliament

2nd December 1965

Coming into Operation

1st January 1966

The Minister of Land and Natural Resources in exercise of the powers conferred on him by sections 11 and 19 of the Commons Registration Act 1965, and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Title and commencement

1.  These Regulations may be cited as the Commons Registration (Exempted Land) Regulations 1965 and shall come into operation on 1st January 1966.

Interpretation

2.—(1) In these Regulations unless the context otherwise requires:—

“the Act” means the Commons Registration Act 1965;

“application” means an application for an exemption order;

“concerned authority” means the registration authority and any authority prescribed under Article 4 below;

“concerned land” means land comprised in an application;

“exemption order” means an order under section 11 of the Act (exemption from registration);

“Form” means one of the forms in the Schedule to these Regulations, or a form to substantially the same effect.

(2) A requirement to display copies of a document is a requirement to treat it, for the purposes of section 287 of the Local Government Act 1933 (public notices), as if it were a public notice within that section.

(3) The Interpretation Act 1889 applies for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

Applications

3.  Every application shall be in Form A, and no application shall be entertained by the Minister unless it is made to him before 1st October 1966.

Prescribed authorities

4.  For the purposes of section 11(4) of the Act (which provides that the Minister shall, before dealing with any application, send copies thereof to the registration authority and to such other local authorities as may be prescribed, and shall inform those authorities whether he has granted or refused the application) the following authorities are hereby prescribed:—

(a) every local authority (other than a registration authority) in whose area any part of the concerned land lies; and

(b) where any part of the concerned land is comprised in an agreement under section 2 of the Act, the authority which, but for the agreement, would be the registration authority in relation to that part.

Information to public

5.—(1) Where the Minister has sent a copy of an application to a concerned authority, accompanied by a notice in Form B relating to the application, the authority shall keep the copy of the application available for public inspection at all reasonable times and shall display copies of the notice.

(2) Where the Minister has, by means of a notice in Form C, informed a concerned authority that he has granted an application, the authority shall display copies of the notice, and, where the Minister has sent the authority a copy of the exemption order, the authority shall keep it available for public inspection at all reasonable times.

(3) Where the Minister has, by means of a notice in Form D, informed a concerned authority that he has refused an application, the authority shall display copies of the notice.

In Witness whereof the official seal of the Minister of Land and Natural Resources is hereunto affixed on 22nd November 1965.

L.S.

F. T. Willey

Minister of Land and Natural Resources

SCHEDULE

Form A Application for an Exemption Order

Form A Application for an Exemption Order

Form A Application for an Exemption Order

Form B Notice of Application for an Exemption Order

Form B Notice of Application for an Exemption Order

Form C Notice of Grant of Exemption Order

Form D Notice of Refusal of Exemption Order

Form D Notice of Refusal of Exemption Order

EXPLANATORY NOTE

These Regulations prescribe 30th September 1966 as the last date for applying to the Minister of Land and Natural Resources for an order under section 11 of the Commons Registration Act 1965 exempting common land and town or village greens from registration under the Act. They also prescribe a form of application for such an order, and provide for information to be given to the public about applications for orders and their grant or refusal.