Commons Registration (Objections and Maps) Regulations 1968
| Jurisdiction | UK Non-devolved |
| Citation | SI 1968/989 |
1968 No. 989
COMMON
The Commons Registration (Objections and Maps) Regulations 1968
Made 24th June 1968
Laid before Parliament 28th June 1968
Coming into Operation 1st July 1968
The Minister of Housing and Local Government and the Secretary of State, in exercise of their respective powers under sections 3 and 19 of the Commons Registration Act 1965, as read with the Ministry of Land and Natural Resources (Dissolution) Order 19671, 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 (Objections and Maps) Regulations 1968, and shall come into operation on 1st July 1968.
Interpretation
2.—(1) The Interpretation Act 1889 shall apply 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,—
“” means ;
“”, in relation to a registration, means ;
“” followed by a number from 1 to 21 means and “” followed by a number above 21 means ;
“” means23and “” followed by a number means ;
“” means ;
“”, in relation to an objection, means ;
“” means and “” ;
“” ;
“” ;
“” means ;
“”
(3) A requirement upon an 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 (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) 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.
(7) 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.
Publicity about registrations and about facilities for making objections
3.—(1) Not later than 30th September 1968, every registration authority shall issue a notice which, if the authority has in either of its registers any registration made before 1st July 1968, shall be in Form 22, and, if not, in Form 23.
(2) As soon as possible after it has either rejected or given effect to every application for registration made before 3rd January 1970, and in any case not later than 30th April 1970, every registration authority shall issue a notice which, if the authority has in either of its registers any registration made after 30th June 1968, shall be in Form 24, and, if not, in Form 25.
(3) Every registration authority issuing a notice under this regulation shall forthwith—
(a)
(a) publish the same in the registration area;
(b)
(b) display copies thereof;
(c)
(c) send the notice to any other local authority having in its area any land in the registration area;
and, as soon as possible thereafter, cause the notice to be published in the London Gazette.
(4) Every local authority receiving a notice under this regulation shall forthwith display copies thereof.
(5) A requirement under this regulation to publish a notice in Form 22 or 24 in a registration area shall be deemed to be satisfied by the publication in that area of such a notice with the omissions indicated for that purpose in the note to the relevant form.
Objection periods
4.—(1) There shall be two objection periods, called the first objection period and the second objection period.
(2) The first objection period shall begin on 1st October 1968 and end on 30th September 1970, and the second shall begin on 1st May 1970 and end on 30th April 1972.
(3) Where a registration is made before 1st July 1968 an objection to it shall not be entertained unless it is made during the first objection period, and, where a registration is made after 30th June 1968, an objection to it shall not be entertained unless it is made during the second objection period.
Manner of making objections
5.—(1) Every objection to a registration must be in Form 26, and on one of the prints of that form to be supplied to registration authorities under arrangements to be made by H.M. Stationery Office.
(2) Where a person wishes to object on the same grounds to two or more registrations of rights of common comprised in the same register unit (not being registrations deemed to be so comprised under General Regulation 14) he may include all such registrations in a single Form 26, but, except as aforesaid, no objection shall relate to more than one registration.
(3) An objection form signed by an agent on behalf of an individual objector shall be supported by such evidence (if any) of the agent's authority as, after considering the objection, the registration authority may reasonably require.
(a)
(a) (4) Where an objection is of a type mentioned in sub-paragraph (b) below, the objection form must be accompanied by a plan clearly defining by distinctive colouring the land to which the objection relates, signed by the person who has signed the form.
(b)
(b) Paragraph (a) above applies to the following types of objection:—
(i) an objection to the registration of land as common land or as a town or village green relating to part only of the land comprised in a register unit;
(ii) an objection to the registration of a right of common relating to part only of the land over which the right is registered as exercisable;
(iii) an objection to the registration of a right of common relating to part only of the land to which the right is stated in the register to be attached, except where the part consists of one or more whole numbered parcels on the ordnance map and is described in the register and in the objection form by reference to the ordnance parcel numbers;
(iv) an objection to the registration of a claim to the ownership of land relating to part only of the land to which the registration applies.
Manner of dealing with objections
6.—(1) On receiving an objection, a registration authority shall allot a distinguishing number to it, and shall mark the objection form with that number. The number so allotted shall be from a single series, whatever the type of objection.
(2) The registration authority shall send the objector a receipt for his objection containing a statement of the number allotted thereto; and Form 6, if used for that purpose, shall be sufficient.
(3) Where a registration authority rejects an objection, it shall return the objection form to the...
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