New Forest Act 1949

JurisdictionUK Non-devolved
Citation1949 c. 69


New Forest Act, 1949

(12, 13 & 14 Geo. 6.) CHAPTER 69

An Act to make further provision as respects the New Forest in the county of Southampton.

[24th November 1949]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Constitution of verderers.

1 Constitution of verderers.

1. The verderers of the New Forest shall consist of—

a ) the official verderer, who shall be appointed, and hold office, as provided by the New Forest Act, 1877 (hereinafter referred to as ‘the Act of 1877’)
b ) five elective verderers who shall be elected, and hold office, as provided by the Act of 1877 and this Act
c ) four appointed verderers, who shall hold office in accordance with such terms as may be specified on their respective appointments, and of whom one shall be appointed by the Minister of Agriculture and Fisheries (hereinafter referred to as ‘the Minister’), one by the Forestry Commissioners, one by the authority which is the local planning authority for the purposes of the Town and Country Planning Act, 1947, and one by such body of persons as may be designated by the Minister as being specially concerned with the preservation of the amenity of the countryside

and accordingly in section fourteen of the Act of 1877 for the words ‘six elective verderers and of one official verderer’ there shall be substituted the words ‘five elective verderers, one official verderer, and the four appointed verderers provided for by paragraph (c ) of section one of the New Forest Act, 1949.’

S-2 Qualification of elective verderers.

2 Qualification of elective verderers.

(1) The qualification to be an elective verderer shall be the occupation of not less than one acre of land to which are attached rights of common of pasture over the Forest.

(2) An elective verderer who during his term of office ceases to be in occupation of land as aforesaid shall not thereby be disqualified, as respects that term of office, if the verderers resolve that it is expedient that he should continue in office.

S-3 Qualification of electors.

3 Qualification of electors.

(1) The qualification for an elector at an election of elective verderers shall be that the elector is over the age of twenty-one and occupies not less than one acre of land, being land to which are attached rights of common over the Forest.

(2) The verderers shall prepare and maintain a register (hereinafter referred to as ‘the electoral register’) of the persons qualified as aforesaid, and at any election of elective verderers a person shall be entitled to vote if, and only if, he is for the time being registered in the electoral register.

(3) A person entitled to vote at an election shall be entitled to give one vote for each vacancy for the filling of which the election is held, so however that he shall not give more than one vote for one candidate.

(4) The provisions of the First Schedule to this Act shall have effect as to the preparation and revision of the electoral register.

(5) For the purposes of this section, two or more persons in joint occupation of any land shall be treated as each occupying a proportionate part of the land.

S-4 Designation of lands entitled to rights of common.

4 Designation of lands entitled to rights of common.

(1) The Forestry Commissioners shall prepare a plan or plans designating the lands to which, in accordance with the register made in pursuance of the Acts of the fourteenth and fifteenth years of the reign of Queen Victoria, chapter seventy-six and of the seventeenth and eighteenth years of that reign, chapter forty-nine, are attached rights of common over the Forest, specifying in relation to the lands the rights attached thereto respectively.

(2) On completion of the preparation of any plan the Commissioners shall publish, in such manner as they may determine to be best suited for bringing them to the notice of persons concerned, advertisements stating that the plan has been prepared and places where it may be inspected, and copies thereof may be made, at all reasonable hours, and the time within which, and the manner in which, objections to anything shown or omitted on the plan may be made to the Commissioners.

(3) If any objection is duly made to a plan and not withdrawn, the Commissioners shall refer the objection to a surveyor nominated by the President of the Royal Institution of Chartered Surveyors, and the surveyor shall determine the objection and direct what alterations of or additions to the particulars shown on the plan are to be made in consequence of his determination.

(4) On the determination of all objections duly made, or if no objections have been duly made then on the expiration of the time for making objections, the Commissioners shall cause two copies of the plan, or of the plan as modified in accordance with any direction of the surveyor under the last foregoing subsection, as the case may be, to be prepared, and the copies shall be certified by two of the verderers, of whom one shall be the official verderer.

(5) The copies certified under the last foregoing subsection shall be conclusive for all purposes whether any, and if so what, rights of common over the Forest are attached to any land shown on the plan.

(6) One of the said copies shall be deposited and kept at the Public Record Office, and the other shall be kept at the office of the verderers and shall be available for inspection at all reasonable times on payment of such fee not exceeding one shilling as the verderers may determine.

S-5 Procedure for holding elections.

5 Procedure for holding elections.

(1) The following provisions of this section shall have effect as to the procedure for the election of a verderer.

(2) Where more candidates stand nominated than there are vacancies to be filled up, a poll shall be taken by secret ballot.

(3) Subject to the provisions of the Act of 1877, so far as in force, and to the foregoing provisions of this section, the procedure for the nomination of candidates, the places where polling stations are established, and the procedure for voting, the counting of votes and the declaration of the result of an election, shall be determined by regulations made by the Minister under this section.

(4) Regulations under this section shall provide for applying, subject to such adaptations, alterations and exceptions as appear to the Minister expedient, the enactments relating to the matters specified in the last foregoing subsection which apply to the election of county district councillors and the enactments relating to offences at such elections and corrupt and illegal practices in connection therewith.

S-6 Transitional provisions as to election of verderers.

6 Transitional provisions as to election of verderers.

(1) Subject to the provisions of subsection (3) of this section, the elective verderers holding office at the commencement of this Act shall continue to hold office as if this Act had not been passed.

(2) At the first election of elective verderers to be held after the commencement of this Act one verderer and no more shall be elected.

(3) The second election of elective verderers to be held after the commencement of this Act shall be postponed for one year, and the third such election to be so held shall be postponed for two years; and the term of office of elective verderers whose places will be filled at those elections shall be extended accordingly.

(4) Until such date as the Minister may by order appoint as being the date by which the necessary steps have been taken for the holding of elections of verderers as provided by this Act, the provisions of the Act of 1877 as to the qualification of elective verderers and of electors and the holding of elections shall continue in force as if this Act had not been passed.

S-7 Constitution of electoral districts.

7 Constitution of electoral districts.

(1) The verderers may, at any time whether before or after the date appointed under subsection (4) of the last foregoing section, submit to the Minister a scheme for the division into five electoral districts of the aggregate of the lands to which are attached rights of common over the Forest, and for securing that each elective verderer will hold office as verderer for one of those districts.

(2) The Minister shall consider any scheme submitted to him under this section and may, if he thinks fit, by order make such provision as appears to him requisite for giving effect to the scheme either as submitted to him or subject to such modifications as, after consultation with the verderers, the Minister may determine.

(3) If it appears to the Minister expedient so to do before deciding whether or not to give effect to a scheme submitted to him under this section, the Minister may cause a local inquiry to be held.

(4) An order giving effect to a scheme under this section may contain such incidental, consequential and transitional provisions (including modifications or adaptations of section three of this Act, of the last foregoing section, and of the First Schedule to this Act) as appear to the Minister, after consultation with the verderers, requisite for the purposes of the order.

(5) Any scheme or order under this...

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