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The Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007

Consolidated Text As Enacted Cited authorities 18 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2007/457
Year2007
(1) These Regulations may be cited as the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 and shall come into force on 6th April 2007.(2) These Regulations apply to England.(1) These Regulations apply to applications made to a registration authority under section 15(1) or (8) of the 2006 Act to register land as a town or village green.(2) In these Regulations—
  • “the 2006 Act” means the Commons Act 2006;
  • “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 and “local authority” means a county council, a district council, a London borough council or a parish council;
  • “form 44” and “form 45” mean the forms so numbered in the Schedule to these Regulations, or those forms with any variations that the circumstances may require;
  • “the General Regulations” means the Commons Registration (General) Regulations 1966, and “General Regulation” followed by a number means the regulation so numbered in the General Regulations;
  • “registration authority” means a commons registration authority.
(3) Any requirement that a registration authority must 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 have jointly made an application and no solicitor has been instructed, to that one of them whose name appears first in the application form.(4) 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, which must bear the date mentioned in the requirement or (where no date is mentioned) the date when it was affixed.(1) An application for the registration of land as a town or village green must be made in accordance with these Regulations.be made in form 44;be signed by 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;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 to which he has a right to production;by a statutory declaration as set out in form 44, with such adaptations as the case may require; andby such further evidence as, at any time before finally disposing of the application, the registration authority may reasonably require.the applicant, or one of the applicants if there is more than one;the person who signed the application on behalf of an applicant which is a body corporate or unincorporate; ora solicitor acting on behalf of the applicant.allot a distinguishing number to the application and mark it with that number; andstamp the application form indicating the date when it was received.(2) The registration authority must send the applicant a receipt for his application containing a statement of the number allotted to it, and Form 6, if used for that purpose, shall be sufficient.(3) In this regulation, “Form 6” means the form so numbered in the General Regulations.send by post a notice in form 45 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;publish in the concerned area, and display, the notice described in sub‑paragraph (a) , and send the notice and a copy of the application to every concerned authority; andaffix the 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.the date on which the notice may reasonably be expected to be delivered in the ordinary course of post to the persons to whom it is sent under paragraph (1) (a) ; orthe date on which the notice is published and displayed by the registration authority.immediately display copies of the notice; andkeep the copy of the application available for public inspection at all reasonable times until informed by the registration authority of the disposal of the application.(4) Where an application appears to the registration authority after preliminary consideration not to be duly made, the authority may reject it without complying with paragraph (1) , but where it appears to the authority that any action by the applicant might put the application in order, the authority must not reject the application under this paragraph without first giving the applicant a reasonable opportunity of taking that action.(5) In this regulation, “concerned area” means an area including the area of every concerned authority.(6) A requirement upon a registration authority to publish a notice in any area is a requirement to cause the document to be published in such one or more newspapers circulating in that area as appears to the authority sufficient to secure adequate publicity for it.(7) A requirement to display a notice or copies thereof is a requirement to treat it, for the purposes of section 232 of the Local Government Act 1972(1) Where an application is made under section 15(1) of the 2006 Act to register land as a town or village green, as soon as possible after the date by which statements in objection to an application have been required to be submitted, the registration authority must proceed to the further consideration of the application, and the consideration of statements (if any) in objection to that application, in accordance with the following provisions of this regulation.must consider every written statement in objection to an application which it receives before the date on which

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