Legalize / United Kingdom / Public General Act

Commons Act 2006

Type Public General Act

Publication 2006-07-19

Last updated 2026-03-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Section 68 of the Countryside and Rights of Way Act 2000 (c. 37) shall cease to have effect.

Part 5 — Supplementary and general

Amendments and repeals

Minor and consequential amendments

52

Schedule 5 (minor and consequential amendments) has effect.

Repeals

53

Schedule 6 (repeals, including consequential repeals and repeals of spent and obsolete enactments) has effect.

Power to amend enactments relating to common land or greens

54

(1) The appropriate national authority may by order amend any relevant Act so as to secure that—

(a) a provision of that Act applying to common land does not apply to land to which Part 1 applies and which is not registered as common land;

(b) such a provision applies to either or both of the following—

(i) land registered as common land, or particular descriptions or areas of such land;

(ii) land to which Part 1 does not apply, or particular descriptions or areas of such land.

(2) The appropriate national authority may by order amend any relevant Act so as to secure that—

(a) a provision of that Act which is expressed to apply to a town or village green does not apply to land to which Part 1 applies and which is not registered as a town or village green;

(b) such a provision applies to either or both of the following—

(i) land registered as a town or village green, or particular descriptions or areas of such land;

(ii) land to which Part 1 does not apply, or particular descriptions or areas of such land.

(3) In this section, “relevant Act” means any public general Act passed before this Act.

(4) For the purposes of subsection (1) a provision applies to common land if it is expressed to apply (generally) to common land, any common or commons, commonable land, land subject to inclosure under any enactment or other land of a similar description.

Power to amend enactments conferring functions on national authorities

55

(1) A national authority may by order amend or repeal any provision of a local or personal Act passed before this Act which applies to common land for any of the following purposes—

(a) to remove any function of the national authority which relates to the common land;

(b) to transfer such a function from the national authority to another person;

(i) any act or omission relating to the common land; or

(ii) any act or omission of a person concerned with the management of the common land;

(d) to substitute for a requirement referred to in paragraph (c) a requirement that a person other than the national authority be consulted, or his consent obtained, in relation to the act or omission.

(2) In subsection (1), “common land” means—

(a) any land registered as common land or as a town or village green;

(b) any land referred to in section 5(2); and

(c) any land not falling within paragraph (a) or (b) which is subject to a scheme under the Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30).

(3) A national authority may by order amend or repeal any provision of an Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners for any of the following purposes—

(a) to remove any function of the national authority which relates to land to which the Act applies;

(b) to transfer such a function from the national authority to another person;

(i) any act or omission relating to land to which the Act applies; or

(ii) any act or omission of a person concerned with the management of such land;

(d) to substitute for a requirement referred to in paragraph (c) a requirement that a person other than the national authority be consulted, or his consent obtained, in relation to the act or omission.

(4) In this section “national authority” means—

(a) the Secretary of State; and

(b) the National Assembly for Wales.

Commencement and transitional provision

Commencement

56

(1) The preceding provisions of this Act, except section 9 and Schedule 1 and sections 54 and 55, come into force in accordance with provision made by order by the appropriate national authority.

(2) Sections 54 and 55 come into force at the end of the period of two months beginning with the day on which this Act is passed.

Severance: transitional

57

(1) In relation to any area of England and Wales, the reference in subsection (1) of section 9 to a register of common land or town or village greens shall, during the relevant period in relation to that area, be read as a reference to such a register kept under the Commons Registration Act 1965 (c. 64).

(2) Sub-paragraph (6) of paragraph 1 of Schedule 1 shall not have effect in relation to a right of common severed (in accordance with that paragraph) from land in any area of England and Wales during the relevant period in relation to that area.

(3) In this section, the “relevant period”, in relation to an area of England and Wales, is the period which—

(a) begins with the coming into force of this section; and

(b) ends with the coming into force of section 1 in relation to that area.

(4) This section is deemed to have come into force on 28 June 2005.

Natural England

58

Any reference in a provision of this Act to Natural England shall, in relation to any time after the coming into force of that provision but before the coming into force of section 1(4) of the Natural Environment and Rural Communities Act 2006, be read as a reference to English Nature.

General

Orders and regulations

59

(1) An order or regulations under this Act may make—

(a) transitional, consequential, incidental and supplemental provision or savings;

(b) different provision for different purposes or areas.

(2) An order or regulations under this Act, other than an order under section 17, must be made by statutory instrument.

(3) A statutory instrument containing regulations under section 29(1) or an order under section 54 or 55 may not be made by the Secretary of State (alone or jointly with the National Assembly for Wales) unless a draft has been laid before and approved by a resolution of each House of Parliament.

(3A) A statutory instrument containing an order under section 15C(5)made by the Secretary of State may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.

(4) Subject to subsection (3)or (3A), a statutory instrument containing any order or regulations made under this Act by the Secretary of State (alone or jointly with the National Assembly for Wales) other than an order under section 56 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) A statutory instrument containing regulations under section 29(1) or an order under section 15C(5), 54 or 55 may not be made by the Welsh Ministers unless a draft has been laid before and approved by a resolution of the National Assembly for Wales.

(6) Subject to subsection (5), a statutory instrument containing any order or regulations made under this Act by the Welsh Ministers other than an order under section 56 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Crown application

60

(1) This Act (and any provision made under it) binds the Crown.

(2) This section does not impose criminal liability on the Crown in relation to an offence under section 34(1).

(3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

Interpretation

61

(1) In this Act—

“appropriate national authority” means—the Secretary of State, in relation to England; andthe Welsh Ministers, in relation to Wales;

“commons council” means a commons council established under Part 2;

“land” includes land covered by water;

“nature conservation” means the conservation of flora and fauna and geological and physiographical features;

“regulations” means regulations made by the appropriate national authority;

“register of title” means the register kept under section 1 of the Land Registration Act 2002 (c. 9);

“right of common” includes a cattlegate or beastgate (by whatever name known) and a right of sole or several vesture or herbage or of sole or several pasture, but does not include a right held for a term of years or from year to year.

(2) In this Act—

(a) any reference to land registered as common land or a town or village green is to land so registered in a register of common land or town or village greens;

(b) any reference to a register of common land or town or village greens is to such a register kept under Part 1 of this Act.

(3) In this Act—

(a) references to the ownership or the owner of any land are references to the ownership of a legal estate in fee simple in the land or to the person holding that estate;

(b) references to land registered in the register of title are references to land the fee simple of which is so registered.

Short title

62

This Act may be cited as the Commons Act 2006.

Extent

63

This Act extends to England and Wales only.

SCHEDULE 1

Severance by transfer to public bodies

1

(1) A right of common to which section 9 applies may on or after the day on which this Schedule comes into force be severed permanently from the land to which it is attached by being transferred on its own to—

(a) any commons council established for the land over which the right is exercisable;

(b) Natural England (where the land or any part of it is in England); or

(2) Where a person proposes to sever a right of common to which section 9 applies by a transfer under sub-paragraph (1)(b) or (c), Natural England or the Natural Resources Body for Wales as the case may be must—

(a) give notice of the proposal to the owner of the land over which the right is exercisable unless his name and address cannot reasonably be ascertained;

(b) in a case where there is no commons council established for the land, give notice of the proposal to such persons (if any) as they consider represent the interests of persons exercising rights of common over the land.

(3) A notice under sub-paragraph (2) must be given at least two months before the transfer and must—

(a) specify the name and address of the owner of the land to which the right is attached;

(b) describe the right proposed to be transferred, giving such details as regulations may specify;

(d) give such other information as regulations may specify.

(4) Where a right of common to which section 9 applies is exercisable over land for which a commons council is established, the right may only be severed by a transfer under sub-paragraph (1)(b) or (c) if that council consents to the transfer.

(5) In a case where there is no commons council established for the land over which a right of common to which section 9 applies is exercisable, the appropriate national authority may by order provide that a person with functions of management conferred by any enactment in relation to that land is to be regarded, for any or all purposes of this paragraph, as a commons council established for the land.

(6) The severance of a right of common by its transfer under sub-paragraph (1)—

(a) only has effect if the transfer 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 Schedule, the transferee is registered as the owner of the right in the register of common land or of town or village greens in which the right is registered.

Temporary severance by letting or leasing

2

(1) A right of common to which section 9 applies may, on or after the day on which this Schedule comes into force, to any extent be severed temporarily from the land to which it is attached by virtue of the right, or all or part of the land, being leased or licensed on its own in accordance with—

(a) provision made by order by the appropriate national authority; or

(b) rules made in relation to the land by a commons council under section 31.

(2) Provision under sub-paragraph (1)(a) and rules referred to in sub-paragraph (1)(b) may be framed by reference to—

(a) particular land or descriptions of land;

(b) descriptions of persons to whom rights of common may be leased or licensed.

(3) Where—

(a) provision under sub-paragraph (1)(a) applies in relation to any land, and

(b) rules referred to in sub-paragraph (1)(b) also apply in relation to that land and are inconsistent with that provision,

the rules prevail over that provision, to the extent of the inconsistency, in relation to that land.

(4) The appropriate national authority may by order provide that the leasing or licensing of a right of common (whether authorised by provision under sub-paragraph (1)(a) or by rules referred to in sub-paragraph (1)(b)) must comply with such requirements as to form and content as the order may provide.

Severance authorised by order

3

(1) The appropriate national authority may by order make provision authorising rights of common to which section 9 applies to be severed permanently from the land to which they are attached by transfer in accordance with that provision.

(2) Provision under sub-paragraph (1) is to be framed by reference to—

(a) particular land over which the rights of common are exercisable, or

(b) particular descriptions of such land,

and may authorise transfers to particular persons, particular descriptions of persons or any person.

(3) The appropriate national authority must, before making any provision under sub-paragraph (1) in relation to any land, consult such persons (if any) as it considers represent the interests of—

(a) persons who own the land;

(b) persons who exercise rights of common over the land.

(4) Provision under sub-paragraph (1) may include provision securing that the owner of any land over which a right of common is exercisable is to be notified, and his consent obtained, before the right may be transferred.

(5) Provision referred to in sub-paragraph (4) may include—

(a) provision as to the circumstances in which notification may be regarded as having been given; or

(b) provision as to the circumstances in which consent may be regarded as having been obtained.

(6) Provision referred to in sub-paragraph (5)(b) may include—

(a) provision for consent to be regarded as having been obtained if it is withheld unreasonably;

(b) provision for the circumstances in which consent is to be regarded as withheld unreasonably;

(7) The severance of a right of common by its transfer under provision under sub-paragraph (1)—

(a) only has effect if the transfer 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 Schedule, the transferee is registered as the owner of the right in the register of common land or of town or village greens in which the right is registered.

(8) Provision under sub-paragraph (1) may include provision to secure the result that where—

(a) the person to whom the right of common is transferred is the owner of land to which rights of common are attached, and

(b) those rights are exercisable over the same land, or substantially the same land, as the right of common being transferred,

the transferee must, when making an application as specified in sub-paragraph (7)(b), apply to the commons registration authority for the right to be registered as attached to the land referred to in paragraph (a).

SCHEDULE 2

Introductory

1

In this Schedule “the 1965 Act” means the Commons Registration Act 1965 (c. 64).

Non-registration of common land

2

(1) If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.

(2) This paragraph applies to any land which—

(a) was not at any time finally registered as common land or as a town or village green under the 1965 Act;

(b) is land which is—

(i) regulated by an Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners;

(ii) subject to a scheme under Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30);

(iii) regulated as common land under a local or personal Act; or

(iv) otherwise recognised or designated as common land by or under an enactment;

(d) satisfies such other conditions as regulations may specify.

(3) A commons registration authority may only register land under sub-paragraph (1) acting on—

(a) the application of any person made before such date as regulations may specify; or

(b) a proposal made and published by the authority before such date as regulations may specify.

Non-registration of town or village green

3

(1) If a commons registration authority is satisfied that any land not registered as a town or village green or as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as a town or village green in its register of town or village greens.

(2) This paragraph applies to any land which—

(a) on 31 July 1970 was land allotted by or under any Act for the exercise or recreation of the inhabitants of any locality;

(b) was not at any time finally registered as a town or village green or as common land under the 1965 Act;

(d) is land to which this Part applies; and

(e) satisfies such other conditions as regulations may specify.

(3) A commons registration authority may only register land under sub-paragraph (1) acting on—

(a) the application of any person made before such date as regulations may specify; or

(b) a proposal made and published by the authority before such date as regulations may specify.

Waste land of a manor not registered as common land

4

(1) If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.

(2) This paragraph applies to land which at the time of the application under sub-paragraph (1) is waste land of a manor and where, before the commencement of this paragraph—

(a) the land was provisionally registered as common land under section 4 of the 1965 Act;

(b) an objection was made in relation to the provisional registration; and

(3) The circumstances in this sub-paragraph are that—

(a) the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;

(b) the Commissioner determined that, although the land had been waste land of a manor at some earlier time, it was not such land at the time of the determination because it had ceased to be connected with the manor; and

(4) The circumstances in this sub-paragraph are that—

(a) the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;

(b) the Commissioner determined that the land was not subject to rights of common and for that reason refused to confirm the provisional registration; and

(5) The circumstances in this sub-paragraph are that the person on whose application the provisional registration was made requested or agreed to its cancellation (whether before or after its referral to a Commons Commissioner).

(6) A commons registration authority may only register land under sub-paragraph (1) acting on—

(a) the application of any person made before such date as regulations may specify; or

(b) a proposal made and published by the authority before such date as regulations may specify.

Town or village green wrongly registered as common land

5

(1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land and register it in its register of town or village greens.

(2) This paragraph applies to land where—

(a) the land was provisionally registered as common land under section 4 of the 1965 Act;

(b) the provisional registration became final; but

(c) immediately before its provisional registration, the land was a town or village green within the meaning of that Act as originally enacted.

(3) A commons registration authority may only remove and register land under sub-paragraph (1) acting on—

(a) the application of any person made before such date as regulations may specify; or

(b) a proposal made and published by the authority before such date as regulations may specify.

Buildings registered as common land

6

(1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of common land.

(2) This paragraph applies to land where—

(a) the land was provisionally registered as common land under section 4 of the 1965 Act;

(b) on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;

(d) since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building.

(3) A commons registration authority may only remove land under sub-paragraph (1) acting on—

(a) the application of any person made before such date as regulations may specify; or

(b) a proposal made and published by the authority before such date as regulations may specify.

Other land wrongly registered as common land

7

(1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land.

(2) This paragraph applies to land where—

(a) the land was provisionally registered as common land under section 4 of the 1965 Act;

(b) the provisional registration of the land as common land was not referred to a Commons Commissioner under section 5 of the 1965 Act;

(d) immediately before its provisional registration the land was not any of the following—

(i) land subject to rights of common;

(ii) waste land of a manor;

(iii) a town or village green within the meaning of the 1965 Act as originally enacted; or

(iv) land of a description specified in section 11 of the Inclosure Act 1845 (c. 118).

(3) A commons registration authority may only remove land under sub-paragraph (1) acting on—

(a) the application of any person made before such date as regulations may specify; or

(b) a proposal made and published by the authority before such date as regulations may specify.

Buildings registered as town or village green

8

(1) If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of town or village greens.

(2) This paragraph applies to land where—

(a) the land was provisionally registered as a town or village green under section 4 of the 1965 Act;

(b) on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;

(d) since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building.

(3) A commons registration authority may only remove land under sub-paragraph (1) acting on—

(a) the application of any person made before such date as regulations may specify; or

(b) a proposal made and published by the authority before such date as regulations may specify.

Other land wrongly registered as town or village green

9

(1) If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of town or village greens.

(2) This paragraph applies to land where—

(a) the land was provisionally registered as a town or village green under section 4 of the 1965 Act;

(b) the provisional registration of the land as a town or village green was not referred to a Commons Commissioner under section 5 of the 1965 Act;

(d) immediately before its provisional registration the land was not—

(i) common land within the meaning of that Act; or

(ii) a town or village green.

(3) For the purposes of sub-paragraph (2)(d)(ii), land is to be taken not to have been a town or village green immediately before its provisional registration if (and only if)—

(a) throughout the period of 20 years preceding the date of its provisional registration the land was, by reason of its physical nature, unusable by members of the public for the purposes of lawful sports and pastimes; and

(b) immediately before its provisional registration the land was not, and at the time of the application under this paragraph still is not, allotted by or under any Act for the exercise or recreation of the inhabitants of any locality.

(4) A commons registration authority may only remove land under sub-paragraph (1) acting on—

(a) the application of any person made before such date as regulations may specify; or

(b) a proposal made and published by the authority before such date as regulations may specify.

Costs

10

(1) Regulations may make provision as to the payment of costs which pursuant to an application under this Schedule are incurred by the applicant, an objector or the person determining the application.

(2) That provision may in particular include provision—

(a) for the payment of costs by the applicant, an objector or a commons registration authority;

(b) for the person determining an application or the appropriate national authority to determine who is liable to pay costs and how much they are liable to pay.

SCHEDULE 3

Interpretation

1

In this Schedule “the 1965 Act” means the Commons Registration Act 1965 (c. 64).

Transitional period for updating registers

2

(1) Regulations may make provision for commons registration authorities, during a period specified in the regulations (“the transitional period”), to amend their registers of common land and town or village greens in consequence of qualifying events which were not registered under the 1965 Act.

(2) The following are qualifying events for the purposes of this Schedule—

(a) the creation of a right of common (by any means, including prescription), where occurring in relation to land to which this Part applies at any time—

(i) after 2 January 1970; and

(ii) before the commencement of this paragraph;

(b) any relevant disposition in relation to a right of common registered under the 1965 Act, or any extinguishment of such a right, where occurring at any time—

(i) after the date of the registration of the right under that Act; and

(ii) before the commencement of this paragraph;

(c) a disposition occurring before the commencement of this paragraph by virtue of any relevant instrument in relation to land which at the time of the disposition was registered as common land or a town or village green under the 1965 Act;

(d) the giving of land in exchange for any land subject to a disposition referred to in paragraph (c).

(3) In sub-paragraph (2)(b) “relevant disposition” means—

(a) the surrender of a right of common;

(b) the variation of a right of common;

(d) in the case of a right not attached to land, the transfer of the right.

(4) In sub-paragraph (2)(c) “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 conveyance made for the purposes of section 13 of the New Parishes Measure 1943 (No. 1);

(5) Regulations under this paragraph may include provision for commons registration authorities to amend their registers as specified in sub-paragraph (1)—

(a) on the application of a person specified in the regulations; or

(b) on their own initiative.

(6) Regulations under sub-paragraph (5)(b) may include provision requiring a commons registration authority to take steps to discover information relating to qualifying events, including in particular requiring an authority to—

(a) carry out a review of information already contained in a register of common land or town or village greens;

(b) publicise the review;

3

At the end of the transitional period, any right of common which—

(a) is not registered in a register of common land or town or village greens, but

(b) was capable of being so registered under paragraph 2,

is by virtue of this paragraph at that time extinguished.

4

(1) Regulations may make provision for commons registration authorities to amend their registers of common land or town or village greens after the end of the transitional period, in circumstances specified in the regulations, in consequence of qualifying events.

(2) Regulations under this paragraph may provide that paragraph 3 is to be treated as not having applied to any right of common which is registered pursuant to the regulations.

5

Regulations under paragraph 2 or 4 may in particular include provision as to what is or is not to be regarded as severance of a right of common for the purposes of those regulations.

Effect of repeals

6

The repeal by this Act of section 1(2)(b) of the 1965 Act does not affect the extinguishment of rights of common occurring by virtue of that provision.

7

The repeal by this Act of section 21(1) of the 1965 Act does not affect the application of section 193 of the Law of Property Act 1925 (c. 20) in relation to any land.

Ownership of common land or town or village green

8

(1) Where the ownership of any land is registered in any register under the 1965 Act immediately before the commencement of this Schedule the ownership shall, subject to this Part, continue to be registered in that register.44

(2) Where the ownership of land continues to be registered in a register of common land or town or village greens pursuant to sub-paragraph (1), if the commons registration authority is notified by the Chief Land Registrar that the land has been registered in the register of title, the authority shall—

(a) remove the registration of ownership; and

(b) indicate in the register in such manner as may be specified in regulations that the land has been registered in the register of title.

(3) Regulations may require commons registration authorities—

(a) to remove registration of ownership of land from their registers of common land and town or village greens;

(b) to keep or otherwise deal with documents received by them in connection with the registration of ownership of land in such manner as the regulations may specify.

Vesting of unclaimed land

9

(1) The repeal by this Act of section 8 of the 1965 Act does not affect the vesting of land in any local authority (within the meaning of that Act) occurring by virtue of that provision.

(2) Unless land so vesting is regulated by a scheme under the Commons Act 1899 (c. 30), sections 10 and 15 of the Open Spaces Act 1906 (c. 25) (power to manage and make byelaws) shall continue to apply to it as if the local authority had acquired the ownership under that Act of 1906.

SCHEDULE 4

Metropolitan commons

1

In section 5 of the Metropolitan Commons Act 1866 (c. 122) (prohibition on inclosure), after “inclosure of a metropolitan common” insert “ which is under the control and management of a London borough council ”.

2

(1) The Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) is amended as follows.

(2) In article 12 (restriction on powers in relation to commons), in paragraph (1) omit “(which consent the Minister may give in such cases as he thinks fit)”.

(3) In that article, after paragraph (2) insert—

(2A) Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under paragraph (1) as they apply in relation to an application for consent under section 38(1) of that Act. (2B) Section 41 of that Act applies in relation to the carrying out of works in contravention of paragraph (1) as it applies to works carried out in contravention of section 38(1) of that Act (and as if references to consent under that provision were to consent under paragraph (1)).

(4) Omit paragraph (3) of that article.

(5) In article 17 (street improvement), in paragraph (1), after “enactment” insert “ or in any scheme made under, or confirmed by, any enactment ”.

(6) In that article—

(a) in paragraph (2), omit the words from “and the Minister” to the end;

(b) after that paragraph insert—

(2A) Where an application is made for consent under paragraph (2) in the case of any common, section 40 of the Commons Act 2006 applies in relation to the application as it applies in relation to an application for consent under section 38(1) of that Act. (2B) Where an application is made for consent under paragraph (2) in any other case, the Minister before giving any consent shall have regard to any representations made to him in the manner specified in paragraph (3).

;

National Trust property

3

(1) Section 29 of the National Trust Act 1907 (c. cxxxvi) (powers exercisable over common or commonable land) is amended as follows.

(2) Renumber the existing provision as subsection (1).

(3) In that subsection, for “consists of common or commonable land” substitute “ is land to which this section applies ”.

(4) After that subsection insert—

(2) This section applies to— (a) any land registered as common land; (b) land not so registered which is— (i) regulated by an Act made under the Commons Act 1876 confirming a provisional order of the Inclosure Commissioners; or (ii) subject to a scheme under the Metropolitan Commons Act 1866 or the Commons Act 1899; and (c) land not falling within paragraph (a) or (b) which is in the New Forest and is subject to rights of common.

4

(1) Section 23 of the National Trust Act 1971 (c. vi) (powers over common land) is amended as follows.

(2) In subsection (2), omit the words from “, and in giving” to the end.

(3) After that subsection insert—

(2A) Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under subsection (2) of this section as they apply in relation to an application for consent under section 38(1) of that Act. (2B) Section 41 of that Act applies in relation to the carrying out of works in contravention of subsection (2) of this section as it applies to works carried out in contravention of section 38(1) of that Act (and as if references to consent under that provision were to consent under subsection (2) of this section). (2C) Nothing in section 38 of the Commons Act 2006 applies in relation to land to which section 29 of the Act of 1907 applies.

New parishes

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

6

In its application to any works carried out on or after 28 June 2005 but before the day on which section 38(1) above comes into force, section 194(2) of the Law of Property Act 1925 (c. 20) shall have effect as if the words “interested in the common” were omitted.

7

The prohibition in section 38(1) does not apply to works carried out in connection with the taking or working of minerals if—

(a) the works were granted planning permission under any enactment before the commencement of section 38;

(b) the works are carried out in accordance with that planning permission in the period allowed for the works to be carried out (subject to any extension of time granted before or after the commencement of that section).

SCHEDULE 5

Countryside Act 1968 (c. 41)

1

(1) The Countryside Act 1968 is amended as follows.

(2) In section 9(6), for the definition of “common land” substitute—

“common land” means— (a) land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; (b) land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

(3) In Schedule 2, in paragraph 7, for the words from “section 22(1)” to the end substitute “ the principal section ”.

Animals Act 1971 (c. 22)

2

In section 11 of the Animals Act 1971, for the definitions of “common land” and “town or village green” substitute—

“common land” means— (a) land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; (b) land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act; “town or village green” means land registered as a town or village green in a register of town or village greens kept under Part 1 of the Commons Act 2006;

Wildlife and Countryside Act 1981 (c. 69)

3

In section 52(2C) of the Wildlife and Countryside Act 1981—

(a) for “common land” (in the first place where it occurs) substitute “ subject to rights of common (within the meaning of the Commons Act 2006) ”;

(b) for the words from “the commoners” to the end of the subsection substitute “ the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land ”.

Norfolk and Suffolk Broads Act 1988 (c. 4)

4

In Schedule 3 to the Norfolk and Suffolk Broads Act 1988, in paragraph 38(1)(d), for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”.

Criminal Justice and Public Order Act 1994 (c. 33)

5

In section 61(9) of the Criminal Justice and Public Order Act 1994—

(a) for the definition of “common land” substitute—

“common land” means— (a) land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; and (b) land to which Part 1 of that Act does not apply and which is subject to rights of common as defined in that Act;

;

(b) in the definition of “commoner”, for the words from “as defined” to the end substitute “ as so defined; ”;

(c) in the definition of “the local authority”, for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”.

Environment Act 1995 (c. 25)

6

In Schedule 9 to the Environment Act 1995, in paragraph 1—

(a) in sub-paragraph (2)(d), for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”;

(b) in sub-paragraph (6), for “the Commons Registration Act 1965” substitute “ Part 1 of the Commons Act 2006 ”.

Countryside and Rights of Way Act 2000 (c. 37)

7

(1) The Countryside and Rights of Way Act 2000 is amended as follows.

(2) In section 1, in subsection (3)—

(a) for paragraph (a) substitute “ land which is registered as common land in a register of common land kept under Part 1 of the Commons Act 2006. ”;

(b) omit paragraph (b).

(3) In that section, omit subsection (4).

(4) In section 45(1), in the definition of “rights of common”, for “the Commons Registration Act 1965” substitute “ the Commons Act 2006 ”.

(5) In section 46(2), for “section” substitute “ subsection ”.

Land Registration Act 2002 (c. 9)

8

(1) The Land Registration Act 2002 is amended as follows.

(2) In section 27(2)(d), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.

(3) In section 33(d), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.

(4) In Schedule 3, in paragraph 3(1), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.

SCHEDULE 6

Part 1 — Repeals relating to registration

Part 2 — Repeals relating to works

Part 3 — Repeals relating to approvement and inclosure

Part 4 — Repeal relating to schemes under the Commons Act 1899

Part 5 — Repeal relating to vehicular access

Registers of common land and greens

Surrender and extinguishment

Deregistration and exchange: orders

Correction

Power to exempt

Register of section 15A statements

Notice of inclosure

Register of section 15A statements

Notice of inclosure

Vehicular access

Power to exempt

Severance by transfer to public bodies

Temporary severance by letting or leasing

Severance authorised by order

Introductory

Non-registration of common land

Non-registration of town or village green

Waste land of a manor not registered as common land

Town or village green wrongly registered as common land

Buildings registered as common land

Other land wrongly registered as common land

Buildings registered as town or village green

Other land wrongly registered as town or village green

Costs

Interpretation

Transitional period for updating registers

Effect of repeals

Ownership of common land or town or village green

Vesting of unclaimed land

Metropolitan commons

National Trust property

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

Countryside Act 1968 (c. 41)

Animals Act 1971 (c. 22)

Wildlife and Countryside Act 1981 (c. 69)

Norfolk and Suffolk Broads Act 1988 (c. 4)

Criminal Justice and Public Order Act 1994 (c. 33)

Environment Act 1995 (c. 25)

Countryside and Rights of Way Act 2000 (c. 37)

Land Registration Act 2002 (c. 9)

Editorial notes

S. 3 partly in force; s. 3 not in force at Royal Assent see s. 56(1); s. 3(5) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 4 wholly in force at 6.9 2007; s. 4 not in force at Royal Assent see s. 56(1); s. 4 in force for E. at 6.4.2007 by S.I. 2007/456, art. 3; s. 4 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

S. 5 wholly in force at 6.9.2007; s. 5 not in force at Royal Assent see s. 56(1); s. 5 in force for E. at 6.4.2007 by S.I. 2007/456, art. 3; s. 5 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

S. 6 partly in force; s. 6 not in force at Royal Assent see s. 56(1); s. 6(4) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 7 partly in force; s. 7 not in force at Royal Assent see s. 56(1); s. 7(4) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 8 partly in force; s. 8 not in force at Royal Assent see s. 56(1); s. 8(1)(2) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 11 partly in force; s. 11 not in force at Royal Assent see s. 56(1); s. 11(5)(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 12 partly in force; s. 12 not in force at Royal Assent see s. 56(1); s. 12(a) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 13 partly in force; s. 13 not in force at Royal Assent see s. 56(1); s. 13(1)(a) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 14 partly in force; s. 14 not in force at Royal Assent see s. 56(1); s. 14 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 15 wholly in force at 6.9.2007; s. 15 not in force at Royal Assent see s. 56(1); s. 15 in force for E. at 6.4.2007 by S.I. 2007/456, art. 3 (with art. 4(1)); s. 15 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3 (with art. 4(1))

S. 16 partly in force; s. 16 not in force at Royal Assent see s. 56(1); s. 16 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)

S. 17 partly in force; s. 17 not in force at Royal Assent see s. 56(1); s. 17(3)(10) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 17 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)

S. 19 partly in force; s. 19 not in force at Royal Assent see s. 56(1); s. 19(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 20 partly in force; s. 20 not in force at Royal Assent see s. 56(1); s. 20(2)(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 21 partly in force; s. 21 not in force at Royal Assent see s. 56(1); s. 21(2)(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 22 partly in force; s. 22 not in force at Royal Assent see s. 56(1); s. 22 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 23 partly in force; s. 23 not in force at Royal Assent, see s. 56(1); s. 23 in force for certain purposes for E. at 1.10.2006 by S.I. 2006/2504, art. 2(e); s. 23 in force for certain purposes for W. at 12.8.2007 and 6.9.2007 by S.I. 2007/2386, arts. 2, 3

S. 24 wholly in force at 6.9.2007; s. 24 not in force at Royal Assent see s. 56(1); s. 24 in force for E. at 6.4.2007 by S.I. 2007/456, art. 3 (with modifications (temp.) in art. 4(2)); s. 24 in force for certain purposes for W. at 12.8.2007 and otherwise at 6.9.2007 (with modifications (temp.) in art. 4(2)(a)) by S.I. 2007/2386, arts. 2, 3

S. 25 partly in force; s. 25 not in force at Royal Assent see s. 56(1); s. 25 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 29 partly in force; s. 29 not in force at Royal Assent see s. 56(1); s. 29(1)(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 31 partly in force; s. 31 not in force at Royal Assent see s. 56(1); s. 31(6)(a) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 38 excluded (1.10.2007 for E.) by 1971 c. vi, s. 23(2C) (as inserted by Commons Act 2006 (c. 26), ss. 44, 56, Sch. 4 para. 4(3); S.I. 2007/2584, art. 2)

S. 38 restricted (E.) (1.10.2007) by The Works on Common Land (Exemptions) (England) Order 2007 (S.I. 2007/2587), art. 2, Sch. 1 (subject to arts. 3, 4)

S. 38 not in force at Royal Assent see s. 56(1); s. 38 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)

S. 39 not in force at Royal Assent see s. 56(1); s. 39(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 39 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2

S. 40 not in force at Royal Assent see s. 56(1); s. 40 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 40 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2

S. 41 applied (with modifications) (1.10.2007 for E.) by 1967 c. xxix, Sch. art. 12(2B) (as inserted by Commons Act 2006 (c. 26), ss. 44, 56, Sch. 4 para. 2(3); S.I. 2007/2584, art. 2) S. 41 applied (1.10.2007 for E.) by 1971 c. vi, s. 23(2B) (as inserted by Commons Act 2006 (c. 26), ss. 44, 56, Sch. 4 para. 4(3); S.I. 2007/2584, art. 2)

S. 41 not in force at Royal Assent see s. 56(1); s. 41 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2

S. 42 not in force at Royal Assent see s. 56(1); s. 42(4) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 42 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2

S. 43 not in force at Royal Assent see s. 56(1); s. 43 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2; s. 43 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2

S. 44 not in force at Royal Assent, see s. 56(1); s. 44(1) in force for certain purposes for E. at 1.10.2006 by S.I. 2006/2504, art. 2(f); s. 44 in force for certain purposes for W. at 12.8.2007 and 6.9.2007 by S.I. 2007/2386, arts. 2, 3; s. 44(2)-(4) in force for E. and s. 44(1) in force in so far as not already in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)

S. 45 wholly in force at 6.9.2007; s. 45 not in force at Royal Assent see s. 56(1); s. 45 in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(a) (with art. 3)); s. 45 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3 (with modifications (temp.) in art. 4(4))

S. 47 wholly in force at 6.9.2007; s. 47 not in force at Royal Assent see s. 56(1); s. 47 in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(b); s. 47 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

S. 48 partly in force; s. 48 not in force at Royal Assent see s. 56(1); s. 48 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(c)

S. 49 wholly in force at 6.9.2007; s. 49 not in force at Royal Assent see s. 56(1); s. 49 in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(c); s. 49 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

S. 50 partly in force; s. 50 not in force at Royal Assent see s. 56(1); s. 50(1)(4)-(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

S. 51 wholly in force at 6.9.2007; s. 51 not in force at Royal Assent, see s. 56(1); s. 51 in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(d); s. 51 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

S. 52 partly in force; s. 52 not in force at Royal Assent see s. 56(1); s. 52 in force for certain purposes for E. at 1.10.2006 by S.I. 2006/2504, art. 2(g); s. 52 in force for certain purposes for E. at 20.2.2007 by S.I. 2007/456, art. 2; s. 52 in force for certain purposes for W. at 6.9.2007 by S.I. 2007/2386, art. 3

S. 53 partly in force; s. 53 not in force at Royal Assent see s. 56(1); s. 53 in force for certain purposes for E. at 1.10.2006 by S.I. 2006/2504, art. 2(h)-(j) (with art. 3)); s. 53 in force for certain purposes for E. at 6.4.2007 by S.I. 2007/456, art. 3; s. 53 in force for certain purposes for W. at 6.9.2007 by S.I. 2007/2386, art. 3; s. 53 in force for certain purposes for E. at 1.10.2007 by S.I. 2007/2584, art. 2

S. 56(1) power partly exercised: 1.10.2006 appointed for specified provisions by {S.I. 2006/2504}, art. 2 (with art. 3); different dates appointed for specified provisions by {S.I. 2007/456}, arts. 2, 3 (with art. 4); different dates appointed for specified provisions by {S.I. 2007/2386}, arts. 2, 3 (with art. 4); 1.10.2007 appointed for specified provisions by {S.I. 2007/2584}, art. 2 (with art. 3)

S. 59(1) power partly exercised: different dates appointed for specified provisions by {S.I. 2007/456}, arts. 2, 3; different dates appointed for specified provisions by {S.I. 2007/2386}, arts. 2, 3; 1.10.2007 appointed for specified provisions by {S.I. 2007/2584}, art. 2

Sch. 2 para. 2 partly in force; Sch. 2 para. 2 not in force at Royal Assent see s. 56(1); Sch. 2 para. 2(2)(d)(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 2 para. 3 partly in force; Sch. 2 para. 3 not in force at Royal Assent see s. 56(1); Sch. 2 para. 3(2)(e)(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 2 para. 4 partly in force; Sch. 2 para. 4 not in force at Royal Assent see s. 56(1); Sch. 2 para. 4(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 2 para. 5 partly in force; Sch. 2 para. 5 not in force at Royal Assent see s. 56(1); Sch. 2 para. 5(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 2 para. 6 partly in force; Sch. 2 para. 6 not in force at Royal Assent see s. 56(1); Sch. 2 para. 6(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 2 para. 7 partly in force; Sch. 2 para. 7 not in force at Royal Assent see s. 56(1); Sch. 2 para. 7(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 2 para. 8 partly in force; Sch. 2 para. 8 not in force at Royal Assent see s. 56(1); Sch. 2 para. 8(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 2 para. 9 partly in force; Sch. 2 para. 9 not in force at Royal Assent see s. 56(1); Sch. 2 para. 9(4) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 2 para. 10 partly in force; Sch. 2 para. 10 not in force at Royal Assent see s. 56(1); Sch. 2 para. 10 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 3 para. 2 partly in force; Sch. 3 para. 2 not in force at Royal Assent see s. 56(1); Sch. 3 para. 2(1)(5)(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 3 para. 4 partly in force; Sch. 3 para. 4 not in force at Royal Assent see s. 56(1); Sch. 3 para. 4 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 3 para. 5 partly in force; Sch. 3 para. 5 not in force at Royal Assent see s. 56(1); Sch. 3 para. 5 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 3 para. 8 partly in force; Sch. 3 para. 8 not in force at Royal Assent see s. 56(1); Sch. 3 para. 8(2)(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

Sch. 3 para. 9 wholly in force at 6.9.2007; Sch. 3 para. 9 not in force at Royal Assent, see s. 56(1); Sch. 3 para. 9 in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(e); Sch. 3 para. 9 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

Sch. 4 para. 1 partly in force; Sch. 4 para. 1 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 1 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i)

Sch. 4 para. 2 partly in force; Sch. 4 para. 2 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 2 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i)

Sch. 4 para. 3 partly in force; Sch. 4 para. 3 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 3 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i)

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.