The Commons Registration (England) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/1961

2008No. 1961

COMMONS, ENGLAND

The Commons Registration (England) Regulations 2008

21stJuly2008

24thJuly2008

1stOctober2008

CONTENTS

PART 1

Preliminary

1. Title, commencement and application

2. Interpretation

3. Official stamp of registration authority

4. Appointment of persons to discharge functions of a registration authority

PART 2

The Registers

5. Form of the registers

6. Register units

7. Method of registration

8. Replacement of register sheets

9. Register maps

10. Contents of register maps

11. Register map overlays

12. Fresh editions of register maps

13. Supplemental maps

14. Continuing validity of existing register entries

PART 3

Applications and proposals to amend the registers

15. Scope of this Part

16. Making an application

17. Application fees

18. Making a proposal

19. Land descriptions

20. Management of application

21. Registration authority's duty to publicise application

22. Applicant's duty to publicise application

23. Registration authority's duty to publicise proposal

24. Contents of notice of application or proposal

25. Inspection of copies of documents

26. Representations

27. Responsibility for determining applications and proposals

28. Method of determining applications and proposals

29. Notice of public inquiry or hearing

30. Public inquiries: general provisions

31. Pre-inquiry meeting

32. Procedure at inquiries

33. Hearings

34. Site inspections

35. Changes of procedure

36. Consultation requirement

37. Action to be taken following determination of application or proposal

38. Award of costs in relation to certain applications

PART 4

Transitional Period

39. The transitional period and transitional application period

40. Notice of the transitional period

41. Review of the registers

42. Determination of applications and proposals to amend the registers

43. Amendment of registers after end of transitional period

PART 5

Miscellaneous

44. Declaration of entitlement to right of common

45. Operation at law of relevant instruments effecting statutory dispositions

46. Severance by transfer to Natural England

47. Matters affecting the public

48. Registration under Land Registration Act 2002

49. Deregistration and exchange: action to be taken by registration authority on receipt of order

50. Vacant benefices

PART 6

Supplemental

51. Electronic communications

52. Service of documents

53. Inspection and copying of documents

54. Official copies

55. Revocations and transitional provisions

SCHEDULE 1-

Registration authorities

SCHEDULE 2-

Forms

SCHEDULE 3-

Model and Standard entries

PART 1-

Model Entries

PART 2-

Standard Entries

SCHEDULE 4-

Making an application

SCHEDULE 5-

Application fees

SCHEDULE 6-

Persons on whom applicant must serve notice of an application

The Secretary of State, being the appropriate national authority in relation to England, makes the following Regulations in exercise of the powers conferred by sections 3(5), 8(1), 11(5) and (6), 14, 17(3), 20, 21, 24(1) to (3) and (6) to (9) and 59(1) of, and paragraph 1 of Schedule 1, paragraphs 2 to 10 of Schedule 2, and paragraphs 2, 4, 5 and 8(2) of Schedule 3 to, the Commons Act 2006 1.

PART 1

Preliminary

Title, commencement and application

1.These Regulations-

(a) may be cited as the Commons Registration (England) Regulations 2008;(b) come into force on 1st October 2008; and(c) apply in relation to the registration areas in England, as at 1st October 2008, of the registration authorities specified in Schedule 1.

Interpretation

2.-

(1) In these Regulations-

"the 1965 Act" means the Commons Registration Act 1965 2;

"the 2006 Act" means the Commons Act 2006;

"application", except in regulation 49, means an application to a registration authority under Part 1 of the 2006 Act or these Regulations to amend its register of common land or its register of town or village greens;

"determining authority" has the meaning given in regulation 27;

"electronic communication" has the meaning given in section 15(1) of the Electronic Communications Act 2000 3;

"Form", followed by a number, means the form so numbered in Schedule 2, or a form to substantially the same effect;

"inspector", except in regulation 4, means a person appointed by the determining authority to conduct a public inquiry, hearing or site inspection in relation to an application or proposal;

"local authority" means-

(a) a county council;(b) a district council;(c) a London borough council;(d) a National Park authority;(e) a parish council; or(f) the chairman of a parish meeting;

"Model Entry", followed by a number, means the specimen entry so numbered which is provided as an example in Part 1 of Schedule 3;

"moorland" means any area of land shown coloured pink in the three volumes of maps, each entitled "Moorland Map of England 2007" and marked with the number of the volume, dated 7th October 2007, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL;

"the Planning Inspectorate" means the body of persons entrusted by the Secretary of State to carry out the functions of the Secretary of State in relation to appeals under Part 3 of the Town and Country Planning Act 1990 4;

"proposal", except in regulation 46(1), means a proposal by a registration authority to amend a register on its own initiative, pursuant to-

(a) section 19 of the 2006 Act;(b) Schedule 2 to the 2006 Act; or(c) paragraph 2 of Schedule 3 to the 2006 Act;

"referring authority" has the meaning given in regulation 27;

"registered land" means land registered as common land or as a town or village green;

"register map" means any map, other than a supplemental map, which, by virtue of any regulations made under either the 1965 Act or the 2006 Act, forms part of a register;

"registration area", in relation to a registration authority, means-

(a) all the land within the area of that authority, except for any land for which another authority acts as the registration authority pursuant to an agreement made under section 4(3) of the 2006 Act or section 2(2) of the 1965 Act; and(b) any other land for which that authority acts as the registration authority pursuant to such an agreement;

"registration authority" means a commons registration authority;

"relevant area", in relation to an application or proposal, means the area of the land to which the application or proposal relates;

"relevant charge" and "relevant leaseholder" have the meanings given in section 15(10) of the 2006 Act;

"right of common in gross" means a right of common which is not registered as being attached to land;

"Standard Entry", followed by a number, means the specimen entry so numbered in Part 2 of Schedule 3, or an entry to substantially the same effect;

"supplemental map" has the meaning given in regulation 13;

"transitional application period" has the meaning given in regulation 39(2).

(2) References to the land to which an application or proposal relates are to be interpreted, in relation to an application or proposal to register or amend the registration of a right of common, as meaning the land over which that right is or is to be exercisable.

Official stamp of registration authority

3.-

(1) Every registration authority must have an official stamp for the purposes of the 2006 Act, an impression of which bears the following information-

COMMONS ACT 2006

[Name of registration authority]

COMMONS REGISTRATION AUTHORITY

[Date].

(2) A requirement for a registration authority to stamp any document is a requirement to cause an impression of the official stamp to be affixed to it, bearing the date mentioned in the requirement or (where no date is mentioned in the requirement) the date when the stamp is affixed.

Appointment of persons to discharge functions of a registration authority

4.The Secretary of State may appoint-

(a) the Planning Inspectorate as eligible to carry out the administration of applications made to, or proposals made by, a registration authority, which are referred by the registration authority to the Planning Inspectorate in accordance with these Regulations; and(b) any person who is employed or otherwise engaged as one of the inspectors of the Planning Inspectorate, or is employed on its staff, as eligible to-(i) determine an application or proposal which a registration authority has referred to the Planning Inspectorate in accordance with these Regulations; and(ii) carry out any steps necessary for or incidental to that purpose (for example, conducting a public inquiry, a hearing or a site visit).

PART 2

The Registers

Form of the registers

5.-

(1) Every register of common land or of town or village greens is to 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 as may be necessary.

(2) The general part of each register is to be in Form 1, and must contain details of-

(a) any agreement made under section 4(3) of the 2006 Act or section 2(2) of the 1965 Act to which the registration authority is a party;(b) any other transfer, to or from the registration authority, of responsibility for maintaining any register or register unit; and(c) any land in the area of the registration authority to which Part 1 of the 2006 Act does not apply, or is to be taken not to apply, by virtue of section 5 of that Act.

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

(4) Any register map prepared under these Regulations must be prepared in accordance with regulations 9 to 12.

(5) Register units must be maintained in accordance with regulation 6.

(6) Supplemental maps must be prepared in accordance with regulation 13.

(7) Every register must be bound, but so that sheets can be added or removed without damage.

Register units

6.-

(1) Subject to paragraph (2), each register unit is to consist of...

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