Made | 12 August 2007 | ||
Laid before the National Assembly for Wales | 14 August 2007 | ||
Coming into force | 6 September 2007 |
(3) Any requirement for a registration authority to send anything to "the applicant" is, where a solicitor has been instructed for the purposes of an application, 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 the person whose name appears first on the application form.
(4) A requirement for 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.
(5) Form 44 may be in the English or Welsh language, or both.
(6) Form 45 must be in both the English and Welsh language.
Application to register land as a town or village green
3.
—(1) An application for the registration of land as a town or village green must be made in accordance with these Regulations.
(2) An application must be—
(3) A statutory declaration in support of an application must be made by—
Procedure on receipt of applications
4.
—(1) On receiving an application, the registration authority must—
(2) The registration authority must send the applicant a receipt for the application containing a statement of the number allotted to it; and Form 6, if used for that purpose, is sufficient.
(3) In this regulation, "Form 6" means the form so numbered in the General Regulations.
Procedure in relation to applications to which section 15(1) of the 2006 Act applies
5.
—(1) Where an application is made under section 15(1) of the 2006 Act to register land as a town or village green, the registration authority must, subject to paragraph (4), on receipt of an application—
(2) The date to be inserted in a notice under paragraph (1)(a) as the date by which written statements in objection to an application must be submitted to the registration authority must be such as to allow an interval of not less than six weeks from the latest of the following—
(3) Every concerned authority receiving under this regulation a notice and a copy of an application must—
(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 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 (public notices)[5], as if it were a public notice within the meaning of that section.
Consideration of objections
6.
—(1) Where an application is made under section 15(1) of the 2006 Act to register land as a town or village green, the registration authority must, as soon as possible after the date by which statements in objection to an application have been required to be submitted, 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.
(2) The registration authority—
(3) The registration authority must send the applicant a copy of every statement which it is required under paragraph (2) to consider and of every statement which it is permitted to consider and intends to consider.
(4) The registration authority must not reject the application without giving the applicant a reasonable opportunity of dealing with—
Procedure in relation to applications to which section 15(8) of the 2006 Act applies
7.
—(1) Where an application is made under section 15(8) of the 2006 Act to register land as a town or village green, the registration authority must grant the application provided it is satisfied that—
Method of registration
8.
—(1) Where the registration authority grants an application, it must make the necessary registration, following as closely as possible Model Entry No 4 with such variations and adaptations as the circumstances may require, but with the substitution, for the words "(Registration provisional.)", of the words "(Registration under section 15 of the Commons Act 2006.)".
(2) The provisions of paragraphs (2) to (6) of General Regulation 10 apply to registrations under these Regulations as they apply to registrations made pursuant to the General Regulations with the following modifications—
(3) The provisions of regulation 9 of the Commons Registration (Objections and Maps) Regulations 1968[6] (changes as to provisional register maps) apply for the purposes of section 15 of the 2006 Act as they apply for the purposes of section 4 of the Commons Registration Act 1965[7] with the following modifications—
(4) Each new map taken into use must be stamped by, and signed on behalf of, the registration authority, and forms part of the register.
(5) Where the land which is the subject of an application is already registered as common land in the register of common land, the registration authority must, in addition,—
(6) Where a registration authority has made a registration under this regulation, it must file the application form and any plan and return all other documents which accompanied the application to the applicant.
(7) In this regulation—
Information about disposal of applications, and procedure on rejection
9.
—(1) When the registration authority has disposed of an application and, if it has granted the application, has made the necessary registration, it must give written notice of the fact to—
(2) Such notice must include, where the registration authority has granted the application, details of the registration and, where it has rejected the application, the reasons for the rejection.
(3) A person is deemed to have objected to an application for the purposes of paragraph (1) if that person submitted a statement in objection to the application which the registration authority was required to consider under paragraph (2) of regulation 6 or which it did consider under that paragraph.
(4) Where the registration authority has rejected an application, it must return the application form and all accompanying documents to the applicant.
Land descriptions
10.
—(1) This regulation applies to the description of any land which is the subject of an application for registration as a town or village green.
(2) Land must be described for the purposes of any application—
(3) Any Ordnance map accompanying an application must—
(4) In this regulation, "register unit" has the same meaning as in the General Regulations.
Jane Davidson
Minister for Sustainability and Housing, one of the Welsh Ministers
12 August 2007
These Regulations replace the relevant provisions in the Commons Registration (New Land) Regulations 1969 (S.I. 1969/1843) ("the 1969 Regulations") for the registration of new town or village greens under the 1965 Act. However, the 1969 Regulations remain in force to enable the registration of new greens and new common land for the purposes specified in the savings contained in article 4(1) of the Commons Act 2006 (Commencement No.1, Transitional Provisions and Savings) (Wales) Order 2007 (S.I. 2007/2386) (W.197) (C.88).
[3] See section 61(1) of the 2006 Act for the meaning of "appropriate national authority", the functions of which are now exercisable, in relation to Wales, by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).back
[4] S.I. 1966/1471, as amended by S.I. 1968/658, 1968/989, 1969/1843, 1980/1195, 1982/210, 1989/2167, 1990/311, 1994/2567 and 2003/994 (W.143) and as modified by S.I. 1991/2684back
[6] S.I. 1968/989, as amended by S.I. 1969/1843, 1970/384 and 1990/311.back
[8] By article 4(1) of the Commons Act 2006 (Commencement No. 1, Transitional Provisions and Savings) (Wales) Order 2007 (S.I. 2007/2386) (W.197) (C.88), a green complying with the criteria under section 15 of the 2006 Act is to be entered in the register maintained by a registration authority pursuant to the 1965 Act.back