Legalize / United Kingdom / Public General Act

Commons Act 2006

Type Public General Act

Publication 2006-07-19

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Registration

Introductory

Conclusiveness

1

Each commons registration authority shall continue to keep—

(a) a register known as a register of common land; and

(b) a register known as a register of town or village greens.

Rules: supplementary

2

(1) The purpose of a register of common land is—

(a) to register land as common land; and

(b) to register rights of common exercisable over land registered as common land.

(2) The purpose of a register of town or village greens is—

(a) to register land as a town or village green; and

(b) to register rights of common exercisable over land registered as a town or village green.

Content of registers

3

(1) The land registered as common land in a register of common land is, subject to this Part, to be—

(a) the land so registered in it at the commencement of this section; and

(b) such other land as may be so registered in it under this Part.

(2) The land registered as a town or village green in a register of town or village greens is, subject to this Part, to be—

(a) the land so registered in it at the commencement of this section; and

(b) such other land as may be so registered in it under this Part.

(3) The rights of common registered in a register of common land or town or village greens are, subject to this Part, to be—

(a) the rights registered in it at the commencement of this section; and

(b) such other rights as may be so registered in it under this Part.

(4) The following information is to be registered in a register of common land or town or village greens in respect of a right of common registered in it—

(a) the nature of the right;

(b) if the right is attached to any land, the land to which it is attached;

(5) Regulations may—

(a) require or permit other information to be included in a register of common land or town or village greens;

(b) make provision as to the form in which any information is to be presented in such a register.

(6) Except as provided under this Part or any other enactment—

(a) no land registered as common land or as a town or village green is to be removed from the register in which it is so registered;

(b) no right of common registered in a register of common land or town or village greens is to be removed from that register.

(7) No right of common over land to which this Part applies is to be registered in the register of title.

Commons registration authorities

4

(1) The following are commons registration authorities—

(a) a county council in England;

(b) a district council in England for an area without a county council;

(d) a county or county borough council in Wales.

(2) For the purposes of this Part, the commons registration authority in relation to any land is the authority in whose area the land is situated.

(3) Where any land falls within the area of two or more commons registration authorities, the authorities may by agreement provide for one of them to be the commons registration authority in relation to the whole of the land.

Land to which Part 1 applies

5

(1) This Part applies to all land in England and Wales, subject as follows.

(2) This Part does not apply to—

(a) the New Forest; or

(b) Epping Forest.

(3) This Part shall not be taken to apply to the Forest of Dean.

(4) If any question arises under this Part whether any land is part of the forests mentioned in this section it is to be referred to and decided by the appropriate national authority.

Registration of rights of common

Creation

6

(1) A right of common cannot at any time after the commencement of this section be created over land to which this Part applies by virtue of prescription.

(2) A right of common cannot at any time after the commencement of this section be created in any other way over land to which this Part applies except—

(a) as specified in subsection (3); or

(b) pursuant to any other enactment.

(3) A right of common may be created over land to which this Part applies by way of express grant if—

(a) the land is not registered as a town or village green; and

(b) the right is attached to land.

(4) The creation of a right of common in accordance with subsection (3) only has effect if it complies with such requirements as to form and content as regulations may provide.

(5) The creation of a right of common in accordance with subsection (3) does not operate at law until on an application under this section—

(a) the right is registered in a register of common land; and

(b) if the right is created over land not registered as common land, the land is registered in a register of common land.

(6) An application under this section to register the creation of a right of common consisting of a right to graze any animal is to be refused if in the opinion of the commons registration authority the land over which it is created would be unable to sustain the exercise of—

(a) that right; and

(b) if the land is already registered as common land, any other rights of common registered as exercisable over the land.

Variation

7

(1) For the purposes of this section a right of common is varied if by virtue of any disposition—

(a) the right becomes exercisable over new land to which this Part applies instead of all or part of the land over which it was exercisable;

(b) the right becomes exercisable over new land to which this Part applies in addition to the land over which it is already exercisable;

(2) A right of common which is registered in a register of common land or town or village greens cannot at any time after the commencement of this section be varied so as to become exercisable over new land if that land is at the time registered as a town or village green.

(3) A right of common which is registered in a register of town or village greens cannot at any time after the commencement of this section be varied so as to extend what can be done by virtue of the right.

(4) The variation of a right of common which is registered in a register of common land or town or village greens—

(a) only has effect if it complies with such requirements as to form and content as regulations may provide; and

(b) does not operate at law until, on an application under this section, the register is amended so as to record the variation.

(5) An application under this section to record a variation of a right of common consisting of a right to graze any animal is to be refused if in the opinion of the commons registration authority the land over which the right is or is to be exercisable would, in consequence of the variation, be unable to sustain the exercise of—

(a) that right; and

(b) if the land is already registered as common land, any other rights of common registered as exercisable over the land.

Apportionment

8

(1) Regulations may make provision as to the amendments to be made to a register of common land or town or village greens where a right of common which is registered in a register of common land or town or village greens as attached to any land is apportioned by virtue of any disposition affecting the land.

(2) Regulations under subsection (1) may provide that a register is only to be amended when—

(a) a disposition relating to an apportioned right itself falls to be registered under this Part; or

(b) the register falls to be amended under section 11.

(3) Where at any time—

(a) a right of common which is registered in a register of common land or town or village greens as attached to any land has been apportioned by virtue of any disposition affecting the land, and

(b) no amendments have been made under subsection (1) in respect of the apportionment of that right,

the rights of common subsisting as a result of the apportionment shall be regarded as rights which are registered in that register as attached to the land to which they attach as a result of the apportionment.

Severance

9

(1) This section applies to a right of common which—

(a) is registered in a register of common land or town or village greens as attached to any land; and

(b) would, apart from this section, be capable of being severed from that land.

(2) A right of common to which this section applies is not at any time on or after the day on which this section comes into force capable of being severed from the land to which it is attached, except—

(a) where the severance is authorised by or under Schedule 1; or

(b) where the severance is authorised by or under any other Act.

(3) Where any instrument made on or after the day on which this section comes into force would effect a disposition in relation to a right of common to which this section applies in contravention of subsection (2), the instrument is void to the extent that it would effect such a disposition.

(4) Where by virtue of any instrument made on or after the day on which this section comes into force—

(a) a disposition takes effect in relation to land to which a right of common to which this section applies is attached, and

(b) the disposition would have the effect of contravening subsection (2),

the disposition also has effect in relation to the right notwithstanding anything in the instrument to the contrary.

(5) Where by virtue of any instrument made on or after the day on which this section comes into force a right of common to which this section applies falls to be apportioned between different parts of the land to which it is attached, the instrument is void to the extent that it purports to apportion the right otherwise than rateably.

(6) Nothing in this section affects any instrument made before, or made pursuant to a contract made in writing before, the day on which this section comes into force.

(7) This section and Schedule 1 shall be deemed to have come into force on 28 June 2005 (and an order under paragraph 2 of that Schedule may have effect as from that date).

Attachment

10

(1) This section applies to any right of common which is registered in a register of common land or town or village greens but is not registered as attached to any land.

(2) The owner of the right may apply to the commons registration authority for the right to be registered in that register as attached to any land, provided that—

(a) he is entitled to occupy the land; or

(b) the person entitled to occupy the land has consented to the application.

Re-allocation of attached rights

11

(1) Where—

(a) a right of common is registered in a register of common land or town or village greens as attached to any land, and

(b) subsection (2), (3) or (4) applies in relation to part of the land (“the relevant part”),

the owner of the land may apply to the commons registration authority for the register to be amended so as to secure that the right does not attach to the relevant part.

(2) This subsection applies where the relevant part is not used for agricultural purposes.

(3) This subsection applies where planning permission has been granted for use of the relevant part for purposes which are not agricultural purposes.

(4) This subsection applies where—

(a) an order authorising the compulsory purchase of the relevant part by any authority has been made in accordance with the Acquisition of Land Act 1981 (c. 67) (and, if the order requires to be confirmed under Part 2 of that Act, has been so confirmed);

(b) the relevant part has not vested in the authority; and

(5) Regulations may for the purposes of subsections (2) to (4) make provision as to what is or is not to be regarded as use of land for agricultural purposes.

(6) Regulations may provide that an application under this section is not to be granted without the consent of any person specified in the regulations.

Transfer of rights in gross

12

The transfer of a right of common which is registered in a register of common land or town or village greens but is not registered as attached to any land—

(a) only has effect if it complies with such requirements as to form and content as regulations may provide; and

(b) does not operate at law until, on an application under this section, the transferee is registered in the register as the owner of the right.

Surrender and extinguishment

13

(1) The surrender to any extent of a right of common which is registered in a register of common land or town or village greens—

(a) only has effect if it complies with such requirements as to form and content as regulations may provide; and

(b) does not operate at law until, on an application under this section, the right is removed from the register.

(2) The reference in subsection (1) to a surrender of a right of common does not include a disposition having the effect referred to in section 7(1)(a).

(3) A right of common which is registered in a register of common land or town or village greens cannot be extinguished by operation of common law.

Registration, deregistration and exchange of land

Statutory dispositions

14

(1) Regulations may make provision as to the amendment of a register of common land or town or village greens where by virtue of any relevant instrument—

(a) a disposition is made in relation to land registered in it as common land or as a town or village green; or

(b) a disposition is made in relation to a right of common registered in it.

(2) Regulations may provide that, where—

(a) by virtue of any relevant instrument a disposition is made in relation to land registered as common land or as a town or village green,

(b) by virtue of regulations under subsection (1) the land ceases to be so registered, and

the land given in exchange is to be registered as common land or as a town or village green.

(3) In this section, “relevant instrument” means—

(a) any order, deed or other instrument made under or pursuant to the Acquisition of Land Act 1981 (c. 67);

(b) a deed made for the purposes of section 28 of the Church Property Measure 2018;

(4) Regulations under this section may require the making of an application to a commons registration authority for amendment of a register of common land or town or village greens.

(5) Regulations under this section may provide that a relevant instrument, so far as relating to land registered as common land or as a town or village green or to any right of common, is not to operate at law until any requirement for which they provide is complied with.

Registration of greens

15

(1) Any person may apply to the commons registration authority to register land to which this Part applies as a town or village green in a case where subsection (2), (3) or (4) applies.

(2) This subsection applies where—

(a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and

(b) they continue to do so at the time of the application.

(3) This subsection applies where—

(a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years;

(b) they ceased to do so before the time of the application but after the commencement of this section; and

(3A) In subsection (3), “ the relevant period ” means—

(a) in the case of an application relating to land in England, the period of one year beginning with the cessation mentioned in subsection (3)(b);

(b) in the case of an application relating to land in Wales, the period of two years beginning with that cessation.

(4) This subsection applies (subject to subsection (5)) where—

(a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years;

(b) they ceased to do so before the commencement of this section; and

(5) Subsection (4) does not apply in relation to any land where—

(a) planning permission was granted before 23 June 2006 in respect of the land;

(b) construction works were commenced before that date in accordance with that planning permission on the land or any other land in respect of which the permission was granted; and

(i) has by reason of any works carried out in accordance with that planning permission become permanently unusable by members of the public for the purposes of lawful sports and pastimes; or

(ii) will by reason of any works proposed to be carried out in accordance with that planning permission become permanently unusable by members of the public for those purposes.

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