Commons Registration (General) Regulations 1966

JurisdictionUK Non-devolved
CitationSI 1966/1471

1966 No. 1471

COMMON, ENGLAND

The Commons Registration (General) Regulations 1966

23rdNovember 1966

30thNovember 1966

2ndJanuary 1967

ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY

1. Title and commencement.

2. Interpretation.

3. Official stamp of registration authority.

PART II

THE REGISTERS AND PROVISIONAL REGISTRATION

4. The registers.

5. Registration periods.

6. Notice of intention to make application.

7. Who may apply for registration.

8. Applications, declarations and fees.

9. Disposal of applications.

10. Method of registration.

11. Information to public about registrations.

12. Conflicting registrations.

13. Information about cancelled or modified registrations.

14. Double registration of land.

15. Interpretation of regulations 5 to 14.

PART III

MAPS

16. Provisional register map.

17. Overlays.

18. Fresh editions.

19. Indorsement.

20. Supplemental maps.

PART IV

OTHER ENTRIES IN THE REGISTERS

21. Registration under Land Registration Acts 1925 and 1936.

22. Matters affecting the public.

23. Charitable interests.

24. Private rights and interests.

25. Cancellation of certain entries.

26. New addresses.

PART V

AMENDMENT OF REGISTERS UNDER SECTION 13 OF ACT

27. Land ceasing to be common land or a town or village green.

28. Substituted land.

29. Amendment in regard to registered rights.

30. Information about disposal of applications.

PART VI

MISCELLANEOUS

31. Land descriptions.

32. Official searches and certificates.

33. Certified copies and extracts.

34. Fees for searches, etc.

35. Supply of certain forms.

36. Errors and omissions.

SCHEDULES

1. Forms.

2. Part 1: Model Entries.

Part 2: Standard Entries.

3. Fees for Searches, etc.

The Minister of Land and Natural Resources in exercise of the powers conferred on him by sections 3, 13 and 19 of the Commons Registration Act 1965(a), and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

PART I

PRELIMINARY

Title and commencement

1. These Regulations may be cited as the Commons Registration (General) Regulations 1966 and shall come into operation on 2nd January 1967.

(a) 1965 c. 64.

Interpretation

2.—(1) The Interpretation Act 1889(a) applies for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

(2) In these Regulations, unless the context otherwise requires,—

"the Act" means the Commons Registration Act 1965(b);

"charity" bears the meaning assigned to that expression in section 45 of the Charities Act 1960(c), and "charitable purposes" and "charity trustees" bear the meanings assigned to those expressions in section 46 of that Act;

"concerned authority", in relation to a registration, means a local authority (other than the registration authority) in whose area any part of the land affected by the registration lies;

"Form" means one of the forms in Schedule 1 to these Regulations, or a form to substantially the same effect;

"Model Entry" means one of the specimen entries provided as examples in Part 1 of Schedule 2 to these Regulations, and "Standard Entry" one of the specimen entries in Part 2 of that Schedule, or an entry to substantially the same effect;

"parcel of land", in relation to a search under Part VI of these Regulations, means a piece of land in separate occupation or separately rated at the time of the requisition for search; and for the purpose of this definition any land which is neither occupied nor rated shall be deemed to be occupied by the person who receives the rackrent therefor, whether on his own account or as agent or trustee for any other person, or who would so receive it if the land were let at a rackrent;

"provisional registration" means a registration under section 4 of the Act which has not become final;

"register map" means any map, other than a supplemental map, which, by virtue of any regulation made under the Act, for the time being forms part of a register;

"register unit" bears the meaning assigned to that expression in regulation 10 below;

"registration area" means the land in relation to which a local authority is the registration authority;

"supplemental map" bears the meaning assigned to that expression in regulation 20 below.

(3) A requirement or permission to publish a document in any area is a requirement or permission to cause it to be published in a newspaper circulating in that area, with, in the case of a requirement or permission to publish more than once, an interval of at least seven days between each publication.

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

(5) Where the day or the last day on which anything is required or permitted by or in pursuance of these regulations to be done is a Sunday, Christmas Day, Good Friday, bank holiday or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before-mentioned.

(a) 1889 c. 63.

(b) 1965 c. 64.

(c) 1960 c. 58.

(d) 1933 c. 51.

Official stamp of registration authority

3.—(1) Every registration authority shall have an official stamp for the purposes of the Act, as follows:—

COMMONS REGISTRATION ACT 1965

(Name of registration authority)

REGISTRATION AUTHORITY

(Date)

(2) A requirement upon a registration authority to stamp any document is a requirement to cause an impression of the said official stamp to be affixed to it, and that the impression shall bear the date mentioned in the requirement or (where no date is mentioned) the date when it was affixed.

(3) An indication in any form in Schedule 1 to these Regulations that the form shall bear the official stamp of a registration authority is a requirement upon the authority to stamp it.

PART II

THE REGISTERS AND PROVISIONAL REGISTRATION

The registers

4.—(1) Every register, whether of common land or of town or village greens, shall consist of—

(a) a general part,

(b) a register map,

(c) as many register units as there are registrations of land in the register, and

(d) such supplemental maps (if any) as may be necessary.

(2) The general part of each register shall be in Form 1, and shall contain—

(a) particulars of any agreement under section 2 of the Act to which the registration authority is a party;

(b) particulars of any land situated in the area of the registration authority to which, by virtue of section 11 of the Act or of an order made thereunder, the registration provisions of the Act do not apply;

(c) particulars of any transfer, to or from the registration authority, of responsibility for maintaining any register or register unit, otherwise than under section 2 of the Act;

(d) such other information as may by any regulation made under the Act be required or authorized to be entered therein.

(3) Model Entries 1, 2 and 3 are provided for general guidance in complying with sub-paragraphs (a), (b) and (c) respectively of paragraph (2) above.

(4) The register map to be prepared under these Regulations shall be a provisional register map and shall be prepared in accordance with Part III thereof.

(5) The register units shall be prepared in accordance with regulation 10 below, and each register unit shall consist of three sections, called the land section, the rights section and the ownership section.

(6) The land section of each register unit shall be in Form 2, and shall contain the registrations of the common land, or of the town or village green, as the case may be, comprised therein, with a reference to the register map, and such other information as may by any regulation made under the Act be required or authorized to be entered therein.

(7) The rights section of each register unit shall be in Form 3, and shall contain the registrations of the rights of common registered as exercisable over the land comprised in the land section of the register unit, or any part thereof, particulars of the persons on whose applications the rights were registered and the capacities in which they applied, descriptions of the land (if any) to which the rights are attached, and such other information as may by any regulation made under the Act be required or authorized to be entered therein.

(8) The ownership section of each register unit shall be in Form 4, and shall contain the registration of every person registered as owner of any part of the land comprised in the register unit, and such other information as may by any regulation made under the Act be required or authorized to be entered therein.

(9) Supplemental maps, where necessary, shall be prepared in accordance with Part III of these Regulations.

(10) Every register shall be bound, or otherwise held together and protected, in such manner as the Minister may approve.

Registration periods

5.—(1) There shall be two periods during which applications for registration may be made, called the first registration period and the second registration period.

(2) The first registration period shall begin on 2nd January 1967 and end on 30th June 1968, and the second shall begin on 1st July 1968 and end on 2nd January 1970.

Notice of intention to make application

6.—(1) Any person may, during the first registration period, give a registration authority notice in Form 5 of his intention to apply to the authority for registration during the second registration period, and the authority shall send him a written acknowledgment for that notice, and shall retain it until after the end of the second registration period.

(2) Form 6, if used for the purpose of an acknowledgment under this regulation, shall be sufficient.

Who may apply for registration

7.—(1) An application for the registration of any land as common land or as a town or village green may be made by any person.

(2) An application for the registration of a right of common may be made—

(a) by the owner of the right;

(b) where the right...

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