Commons Registration (New Land) Regulations 1969

JurisdictionUK Non-devolved
CitationSI 1969/1843

1969 No. 1843

COMMON

The Commons Registration (New Land) Regulations 1969

19thDecember 1969

2ndJanuary 1970

3rdJanuary 1970

The Minister of Housing and Local Government and the Secretary of State, in exercise of their respective powers under paragraphs (a) and (b) of section 13, paragraphs (a), (b), (g), (i) and (k) of subsection (1), and subsections (2) and (4) of section 19 of the Commons Registration Act 1965(a), as read with the Ministry of Land and Natural Resources (Dissolution) Order 1967(b), and of all other powers enabling them in that behalf, hereby make the following Regulations :—

Title and commencement

1. These Regulations may be cited as the Commons Registration (New Land) Regulations 1969, and shall come into operation on 3rd January 1970.

Interpretation

2.—(1) The Interpretation Act 1889(c) 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 ;

"application" means an application under these Regulations ;

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

"Form 6" means the form so numbered in the General Regulations or a form to substantially the same effect, and "Form" followed by a number above 28 means the form so numbered in the Schedule to these Regulations, or a form to substantially the same effect ;

"the General Regulations" means the Commons Registration (General) Regulations 1966(d) as amended (e), and "General Regulation" followed by a number means the regulation so numbered in the General Regulations ;

"Model Entry" followed by a number means the specimen entry so numbered in Part I of Schedule 2 to the General Regulations, and "Standard Entry" followed by a number means the specimen entry so numbered in Part 2 of that Schedule, or an entry to substantially the same effect ;

(a) 1965 c. 64.

(b) S.I. 1967/156 (1967 I, p. 258).

(c) 1889 c. 63.

(d) S.I. 1966/1471 (1966 III, p. 3978).

(e) The amending instruments are S.I. 1968/658, 1968/989 (1968 I, p. 1490; 1968 II, p. 2615).

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

"substituted land" and, in relation to any substituted land, "the taken land", bear the same meanings as in General Regulation 28.

(3) A requirement upon a registration authority to publish a document in any area is a requirement to cause the document to be published in such one or more newspapers circulating in that area as shall appear to the authority sufficient to secure adequate publicity for it.

(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(a) (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.

(6) Any requirement (however expressed) that a registration authority shall send anything to "the applicant" shall, where a solicitor has been instructed for the purposes of an application, be deemed to be satisfied by sending it to the solicitor, or, where two or more persons are concerned together in an application and no solicitor has been instructed, to that one of them whose name appears first in the application form.

(7) A requirement upon a registration authority to stamp any document is a requirement to cause an impression of its official stamp as described in General Regulation 3 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.

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

Land becoming common land or a town or village green

3.—(1) Where, after 2nd January 1970, any land becomes common land or a town or village green, application may be made subject to and in accordance with the provisions of these Regulations for the inclusion of that land in the appropriate register and for the registration of rights of common thereover and of persons claiming to be owners thereof.

(2) Where any land is for the time being registered under the Act, no application shall be entertained for its registration under these Regulations, and, where any land is for the time being registered under section 4 of the Act (whether or not the registration has become final) no application shall be entertained for the registration of rights of common over it.

(3) No person shall be registered under these Regulations as the owner of any land which is registered under the Land Registration Acts 1925 to 1966(b) and no person shall be registered under these Regulations as the owner of any other land unless the land itself is registered under these Regulations.

(4) An application for the registration of any land as common land or as a town or village green may be made by any person, and a registration authority

(a) 1933 c. 51.

(b) 1925 c. 21; 1936 c. 26; 1966 c. 39.

shall so register any land in any case where it registers rights over it under these Regulations.

(5) An application for the registration of a right of common over land which is registered, or which is capable of being registered, under these Regulations, may be made by the owner of the right, or by any person entitled by law to act, in relation to the right, on the owner's behalf or in his stead, or, where the right belongs to an ecclesiastical benefice of the Church of England which is vacant, by the Church Commissioners.

(6) An application for the registration of a claim to the ownership of any land registered under these Regulations may be made by the owner of the land, or by any person entitled by law to act, in relation to the land, on the owner's behalf or in his stead, or, where the land belongs to an ecclesiastical benefice of the Church of England which is vacant, by the Church Commissioners.

(7) An application must be—

(a) in Form 29, 30, 31 or 32 as appropriate ;

(b) signed by or on behalf of every applicant who is an individual, and by the secretary or some other duly authorised officer of every applicant which is a body corporate or unincorporate ;

(c) accompanied by such documents (if any) as may be requisite under regulation 4 below ;

(d) supported—

(i) by a statutory declaration as set out in the appropriate form of application, with such adaptations as the case may require, to be made by the applicant, or by one of the applicants if there is more than one, or by his or their solicitor, or, if the applicant is a body corporate or unincorporate, or charity trustees, by its or their solicitor or by the person who signed the application ; and

(ii) by such further evidence, if any, as, at any time before finally disposing of the application, the registration authority may reasonably require.

Documents to accompany applications

4.—(1) Subject to paragraph (2) below, every application must be accompanied by, or by a copy or sufficient abstract of, every document relating to the matter which the applicant has in his possession or under his control, or of which he has a right to the production.

(2) In the case of an application for the registration of any rights of common, or of a claim to the ownership of any land, the applicant shall not be obliged to furnish to the registration authority, or to disclose the existence of, any document which he would not be obliged to abstract or produce to a purchaser under a contract for the sale by the applicant of the rights or the land made otherwise than by correspondence and containing no stipulations as to title.

Disposal of applications

5.—(1) On receiving an application, the registration authority shall allot a distinguishing number to it, and shall mark the application form with that number.

(2) Where a registration authority receives an application for the registration of a right of common affecting any coal or anthracite it shall, before entertaining the application, serve notice in writing to that effect upon the National Coal Board, giving the name and address of the applicant and particulars of the right of common, of the land over which it is exercisable and of the land (if any) to which it is attached.

(3) The registration authority shall send the applicant a receipt for his application containing a statement of the number allotted thereto; and Form 6, if used for that purpose, shall be sufficient.

(4) Subject to paragraph (7) below, a registration authority shall, on receipt of an application,—

(a) send a notice in Form 33, 34 or 35, as appropriate, to every person (other than the applicant) whom the registration authority has reason to believe (whether from information supplied by the applicant or otherwise) to be an owner, lessee, tenant or occupier of any part of the land affected by the application, or to be likely to wish to object to the application ;

(b) publish in the concerned area, and display, such a notice as aforesaid, and send the notice and a copy of the application to every concerned authority ;

(c) affix such a notice to some conspicuous object on any part of the land which is open, unenclosed and unoccupied, unless it appears to the registration authority that such a course would not be reasonably practicable.

(5) The date to be inserted in any notice under paragraph (4) above by which statements in objection to an...

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