Made | 3rd September 2007 | ||
Laid before Parliament | 7th September 2007 | ||
Coming into force | 1st October 2007 |
Deregistration of release land
3.
Where a commons registration authority receives a deregistration order or a deregistration and exchange order, it must amend the register unit in its register of common land or register of town or village greens which contains the registration of the release land in accordance with Standard Entry 11.
Registration of replacement land
4.
—(1) Where a commons registration authority receives a deregistration and exchange order, the following provisions of this regulation apply subject to any provisions in the order specifying the manner in which the replacement land is to be registered.
(2) The registration authority may register the replacement land—
(3) If the registration authority registers the replacement land by amending the register unit which contains the registration of the release land, it must do so in accordance with Standard Entry 12.
(4) If the registration authority registers the replacement land by inserting a new register unit in respect of it, paragraphs (5) to (9) apply.
(5) The registration authority must follow as closely as possible Model Entry 4 with such variations and adaptations as the circumstances may require, and with—
(6) Paragraphs (2) to (6) of General Regulation 10 apply to the registration.
(7) Paragraphs (4) to (8) of regulation 9 of the Commons Registration (Objections and Maps) Regulations 1968[6] (changes as to provisional register maps) apply, subject to the following modifications—
(8) Each new map taken into use must be stamped by, and signed on behalf of, the registration authority, and shall then form part of the register.
(9) The requirement in paragraph (8) for a registration authority to stamp a new map 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 when it was affixed.
Registration of rights of common over replacement land
5.
—(1) Where, pursuant to a deregistration and exchange order, a commons registration authority registers replacement land by inserting a new register unit in respect of it, the following provisions of this regulation apply, subject to any provisions in the order specifying the manner in which rights of common are to be registered as exercisable over the replacement land.
(2) If, immediately before the deregistration of the release land, rights of common are registered as exercisable over the release land and no other land, the registration authority must register those rights as being exercisable over the replacement land, by following as closely as possible Model Entry 7 with such variations and adaptations as the circumstances may require, and with the omission from column 4 of the words from "except" to the end.
(3) If, immediately before the deregistration of the release land, rights of common are exercisable over an area of land which comprises the release land (Area A) and other land (Area B), the registration authority must register those rights as being exercisable over the replacement land in addition to remaining exercisable over Area B, in accordance with Model Entries 33 (relating to Area B) and 34 (relating to the replacement land) with such variations and adaptations as the circumstances may require.
Information about amendments to the registers
6.
When a commons registration authority has amended its registers in accordance with a deregistration order or a deregistration and exchange order, it must give written notice of that fact, including details of the amendment made, to—
Jeff Rooker
Minister of State Department for Environment, Food and Rural Affairs
3rd September 2007
No. and date of entry | Description of the land, reference to the register map, registration particulars, etc. |
Registration amendment: [the whole] [the part]* of the land comprised in this register unit [shown hatched violet on the register map and marked R1]* was removed from the register of [common land] [town or village greens]* on … … … … 20.. pursuant to an order made by or on behalf of the Secretary of State on … … … … 20.. under section 17 of the Commons Act 2006. |
No. and date of entry | Description of the land, reference to the register map, registration particulars, etc. |
The land comprised in the registration at entry no. ... ("the replacement land") was registered as [common land] [a town or village green]* on … … … … 20.. in substitution for the land removed from the register at entry no. … ("the release land") pursuant to an order made by or on behalf of the Secretary of State on … … … … 20.. under section 17 of the Commons Act 2006. The replacement land became on [date of registration] subject to the rights of common (if any) which were immediately before that date exercisable over the release land. |
[2] 1965 c.64. By article 3(1) and (2) of the Commons Act 2006 (Commencement No. 3, Transitional Provisions and Savings) (England) Order 2007/2584 (C..98), until the coming into force of section 1 of the 2006 Act, references to land being registered as common land or as a town or village green in sections 16 and 17 of the 2006 Act are to be taken as references to land being so registered under the 1965 Act, and an order under section 17 of the 2006 Act is to be treated as an order requiring the commons registration authority to amend the registers which it maintains pursuant to the 1965 Act..back
[3] S.I. 1966/1471, to which there are amendments not relevant to these Regulations.back
[4] Model Entries 1-22 are contained in the General Regulations, and Model Entries 23-32 (which are not referred to in these Regulations) are contained in S.I. 1968/989, 1970/1371 and 1972/437.back
[5] Standard Entries 1-10 are contained in the General Regulations and S.I. 1968/989, 1972/437 and 1990/311.back
[6] S.I. 1968/989 as amended by S.I. 1990/311. There are other amending instruments not relevant to these Regulations.back