Commons Registration Act 1965

Notes on Land Registration

Contents

(1) Outline of 1965 Act Provisions (Land Registration)...... 1

(2) 1965 Act Regulations...... 2

(3) Notes on the Regulations and Prescribed Forms...... 3

(4) 1965 Act Registration Periods...... 6

(5) 2006 Act: Regulations & Guidance...... 7

(1) Outline of 1965 Act Provisions (Land Registration)

Section 4: Registration (General)

Section 5: Objections and Referrals 5(4) Objections & notification of objections 5(5) Cancellation & modification of applications 5(6) Referral to commons commissioner

Section 6: Referred Applications (Decisions) 6(1) Commissioners’ Decisions: refusal to confirm (void) or confirmation (final, with or without modification) 6(2) Commissioners’ Decisions: notification and changes to register

Section 7: Non-referred Applications Unopposed applications; applications where all objections are withdrawn

Section 8: Ownership referrals; Vesting of VGs

Section 11: Exemption from Registration

Section 13: Amendment of Registers (land and rights sections)

Section 18: Right to Appeal against Commons Commissioners’ Decisions

Section 19: Minister’s Powers (Regulations)

1 (2) 1965 Act Regulations

LINK TITLE

The Commons Registration Act 1965 (Commencement No 1) Order 1965 SI 1965/2000

Commons Registration (Exempted Land) Regulations 1965 SI 1965/2001

The Commons Registration Act 1965 (Commencement No 2) Order 1966 SI 1966/971

Commons Registration (Publicity) Regulations 1966 SI 1966/972

Commons Registration (Time Limits) Order 1966 SI 1966/1470

Commons Registration (General) Regulations 1966 SI 1966/1471

Commons Registration (General) (Amendment) Regulations 1968 SI 1968/658

SI 1968/989 Commons Registration (Objections and Maps) Regulations 1968

SI 1969/1843 Commons Registration (New Land) Regulations 1969

SI 1970/384 Commons Registration (Objections and Maps) (Amendment) Regulations 1970

SI 1970/1371 Commons Registration (Finality of Undisputed Registrations) Regulations 1970

SI 1970/1996 Commons Registration (General) (Amendment) Regulations 1970

SI 1971/1727 Commons Commissioners Regulations 1971

SI 1972/437 Commons Registration (Disposal of Disputed Registrations) Regulations 1972

SI 1973/815 Commons Registration (Second Period References) Regulations 1973

SI 1990/311 Common Land (Rectification of Registers) Regulations 1990

SI 1993/1771 Commons Registration (Disposal of Disputed Registrations) (Amendment) Regulations 1993

SI 2003/2260 Commons Registration (General) (Amendment) (England) Regulations 2003

SI 2007/540 Commons Registration (Objection and Maps) (Amendment) (England) Regulations 2007

Commons Registration (General) (Amendment) (England) Regulations SI 2007/1032 2007

SI 2007/1553 Commons Registration (General) (Amendment) (England) (Revocation) Regulations 2007

SI 2007/2404 Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007

SI 2010/2357 Commons Registration (Amendment and Miscellaneous Revocations) Regulations 2010

[ Memo ] Explanatory Memorandum to 2010 (Amendment and Miscellaneous Revocations) Regulations

2 (3) Notes on the Regulations and Prescribed Forms

1. (SI 1965/2001) Commons Registration (Exempted Land) Regulations 1965 Ministry of Land and Natural Resources (from 1st Jan 1966)

FORM A: APPLICATION FOR EXEMPTION ORDER TO MINISTER OF LAND AND NATURAL RESOURCES

FORM B: NOTICE OF APPLICATION FOR EXEMPTION ORDER (TO BE MADE AVAILABLE FOR PUBLIC INSPECTION)

FORM C: NOTICE OF GRANT OF EXEMPTION ORDER (TO BE PUBLICLY DISPLAYED)

FORM D: NOTICE OF REFUSAL OF EXEMPTION ORDER (TO BE PUBLICLY DISPLAYED)

2. (SI 1966/972) Commons Registration (Publicity) Regulations 1966 Ministry of Land and Natural Resources (from 1st Oct 1966)

FORM E: PUBLIC NOTICE GIVING DETAILS OF REGISTRATION PROCESS

FORM F: PUBLIC NOTICE OF REGISTRATION AREA BOUNDARY AGREEMENT BETWEEN NEIGHBOURING AUTHORITIES

3. (SI 1966/1470) Commons Registration (Time Limits) Order 1966 Ministry of Land and Natural Resources (from 2nd Jan 1967)

Order fixing registration period

4. (SI 1966/1471) Commons Registration (General) Regulations 1966 Ministry of Land and Natural Resources (from 2nd Jan 1967)

FORM 1: REGISTER FORMAT (GENERAL PART)

FORM 2: REGISTER FORMAT (LAND SECTION)

FORM 3: REGISTER FORMAT (RIGHTS SECTION)

FORM 4: REGISTER FORMAT (OWNERSHIP SECTION)

FORM 5: NOTICE OF INTENTION TO APPLY FOR REGISTRATION DURING SECOND PERIOD

FORM 6: NOTICE OF RECEIPT OF APPLICATION (ALSO USED FOR RECEIPT OF OBJECTIONS UNDER REGS (6) BELOW)

FORM 7: APPLICATION FOR REGISTRATION OF LAND AS COMMON LAND

FORM 8: APPLICATION FOR REGISTRATION OF LAND AS VILLAGE GREEN

FORM 9: APPLICATION FOR REGISTRATION OF RIGHT OF COMMON

FORM 10: APPLICATION FOR REGISTRATION OF CLAIM TO OWNERSHIP OF LAND

FORM 11: NOTICE OF DISPOSAL OF APPLICATION FOR LAND REGISTRATION (PROVISIONAL REG; APPLIC NOTED; CONFLICTING REG)

FORM 12: NOTICE OF DISPOSAL OF APPLICATION FOR RIGHTS REGISTRATION (PROVISIONAL REG; APPLIC NOTED; CONFLICTING REG)

FORM 13: NOTICE OF DISPOSAL OF APPLICATION FOR REGISTRATION OF OWNERSHIP (PROVISIONAL REG; CONFLICTING REG)

FORM 14: NOTICE OF CONFLICTING REGISTRATION (TO PREVIOUS APPLICANT(S))

FORM 15: NOTICE OF CANCELLATION OR MODIFICATION OF REGISTRATION

FORM 16: APPLICATION FOR NOTE TO BE MADE ON THE REGISTER

FORM 17: APPLICATION UNDER SECTION 13 FOR REMOVAL OF LAND FROM REGISTER

FORM 18: PUBLIC NOTICE OF APPLICATION UNDER SECTION 13

FORM 19: APPLICATION FOR AMENDMENT OF RIGHTS REGISTRATION

FORM 20: NOTICE OF APPLICATION FOR AMENDMENT OF RIGHTS REGISTRATION

FORM 21: REQUISTION FOR OFFICIAL SEARCH

3 5. (SI 1968/658) Commons Registration (General) (Amendment) Regulations 1968 Ministry of Housing & Local Government and Secretary of State for Wales (from 9th May 1968)

Amendments to General Regulations (SI 1966/1471) 7, 8, 27, 29 & 31; application forms 7–10 & 16; and notes to forms.

Changes permit applications by persons acting for applicant; and dual CL/VG registrations in cases of uncertainty

6. (SI 1968/989) Commons Registration (Objections and Maps) Regulations 1968 Ministry of Housing & Local Government and Secretary of State for Wales (from 1st July 1968)

Objections forms & procedures; standard/model entries for objections; new mapping conventions (second period)

FORM 22: PUBLIC NOTICE OF COMMENCEMENT OF PERIOD 2 REGISTRATIONS & OF OBJECTIONS PROCEDURES FOR PERIOD 1

FORM 23: PUBLIC NOTICE OF COMMENCEMENT OF PERIOD 2 REGISTRATIONS (NO PERIOD 1 APPLICATIONS RECEIVED)

FORM 24: PUBLIC NOTICE OF END OF PERIOD 2 REGISTRATIONS & OF OBJECTIONS PROCEDURES FOR PERIOD 2

FORM 25: PUBLIC NOTICE OF END OF PERIOD 2 REGISTRATIONS (NO PERIOD 2 APPLICATIONS RECEIVED)

FORM 26: OBJECTIONS FORM

FORM 27: NOTICE OF ENTRY IN REGISTER, OR REJECTION, OF OBJECTION

FORM 28: NOTICE OF OBJECTION

7. (SI 1969/1843) Commons Registration (New Land) Regulations 1969 Ministry of Housing & Local Government and Secretary of State for Wales (from 3rd January 1970)

FORM 29: APPLICATION FOR REGISTRATION OF LAND BECOMING COMMON LAND AFTER 2nd JANUARY 1970

FORM 30: APPLICATION FOR REGISTRATION OF LAND BECOMING TOWN/VILLAGE GREEN AFTER 2nd JANUARY 1970

FORM 31: APPLICATION FOR REGISTRATION OF RIGHTS/LAND BECOMING REGISTRABLE AFTER 2nd JANUARY 1970

FORM 32: APPLICATION FOR REGISTRATION OF CLAIM TO OWNERSHIP OF LAND REGISTERED UNDER SECTION 13

FORM 33: PUBLIC NOTICE: REGISTRATION OF LAND CLAIMED TO HAVE BECOME COMMON/VILLAGE GREEN AFTER 2nd JAN 1970

FORM 34: PUBLIC NOTICE: RIGHTS APPLICATION OVER LAND REGISTERED/CLAIMED TO BE REGISTRABLE UNDER SECTION 13

FORM 35: PUBLIC NOTICE: APPLICATION FOR REGISTRATION OF OWNERSHIP CLAIM TO LAND REGISTERED UNDER SECTION 13

8. (SI 1970/383) Commons Registration (Time Limits) (Amendment) Order 1970 Ministry of Housing & Local Government and Secretary of State for Wales (from 25th March 1970)

Extends end-date specified in SI 1966/1470 for provisional registrations to 31 July 1970

9. (SI 1970/384) Commons Registration (Objections and Maps) (Amendment) Regulations 1970 Ministry of Housing & Local Government and Secretary of State for Wales (from 25th March 1970)

Extends end-date for second-period objections from 30th April 1972 to 31st July 1972. Inserts new date into SI 1968/989

and FORMS 24 and 26; and appends FORM 23A to FORM 23 commencement notice

10. (SI 1970/1371) Commons Registration (Finality of Undisputed Registrations) Regulations 1970 Ministry of Housing & Local Government and Secretary of State for Wales (from 1st October 1970)

Model entries for final registration of undisputed applications (including cases where all objections were withdrawn)

4 11. (SI 1970/1996) Commons Registration (General) (Amendment) Regulations 1970 Secretary of State for the Environment and Secretary of State for Wales (from 15th February 1971)

Conversion of fees to decimal currency

12. (SI 1971/1727) Commons Commissioners Regulations 1971 Secretary of State for the Environment and Secretary of State for Wales (from 17th November 1971)

FORM 36: REFERRAL TO COMMONS COMMISSIONERS: DISPUTED REGISTRATION

FORM 37: REFERRAL TO COMMONS COMMISSIONERS: UNCLAIMED LAND

FORM 38: PUBLIC NOTICE OF REFERRAL TO COMMONS COMMISSIONERS: UNCLAIMED LAND

FORM 39: COMMISSIONER’S HEARING: WITNESS SUMMONS TO GIVE ORAL EVIDENCE

FORM 40: COMMISSIONER’S HEARING: WITNESS SUMMONS TO PRODUCE DOCUMENTS

FORM 41: NOTICE TO REGISTRATION AUTHORITY OF FINAL DISPOSAL OF DISPUTED REGISTRATION

13. (SI 1972/437) Commons Registration (Disposal of Disputed Registrations) Regulations 1972 Secretary of State for the Environment and Secretary of State for Wales (from 18th April 1972)

Model entries for decisions notified to Registration Authorities by Commons Commissioners

14. (SI 1973/815) Commons Registration (Second Period References) Regulations 1973 Secretary of State for the Environment and Secretary of State for Wales (from 31st May 1973)

Referral to Commons Commissioners of second-period (and deemed second-period) disputes. SI 1973/815 sets the

date for the referral of disputed registrations from the second period of registration; these were deemed to

include first-period registrations subject to the following objections:

 an objection deemed by virtue of regulation 7(1) of the Commissioners Regulations (Conflicting registrations) to have been made after 30th June 1968;

 an objection to a registration which is deemed by virtue of regulation 7(1) to have been objected to after 30th June 1968;

 an objection to a registration contained in a register unit which either contains or is by virtue of regulation 14 of the General Regulations (Double registration of land) deemed to contain a second period registration.

Where a second-period (land, rights or ownership) registration was in conflict with a first-period registration, each was

treated as an objection to the other. Unresolved disputes relating to either case, or arising from the conflict between

them, were to be referred to a commissioner at the end of the second period.

15. (SI 1980/1195) Commons Registration (General) (Amendment) Regulations 1980 Secretary of State for the Environment and Secretary of State for Wales (from 5th September 1980)

Revokes S1 1970/1996 (fees) and introduces fees increase; introduces new FORM 21 (Requisition for Official Search)

16. (SI 1982/210) Commons Registration (General) (Amendment) Regulations 1982 Secretary of State for the Environment and Secretary of State for Wales (from 25th March 1982)

Removes HMSO monopoly on the supply of the forms prescribed under the 1965 Act

5 (4) 1965 Act Registration Periods

Process First period Second period

Provisional registration 2/1/67 – 30/6/68 1/7/68 – 2/1/70

Registration ‘without application’ By Registration Authority up until 31/7/70

Objections 1/10/68 – 30/9/70 1/5/70 – 31/7/72

Cancellations & modifications Up until 17/12/71 Up until 31/7/73

Referral to Commissioners From 18/12/71 From 1/8/73

Commissioners’ Hearings Not before 15/1/72 Not before 29/8/73

1. Certain first-period registrations were affected by conflicting registrations made during the second period.

These were not referred to a commissioner until the end of the second period. See para 3.14 above.

2. Prior to their referral to a commissioner, disputed applications might be withdrawn or modified as a result

of negotiations conducted under the auspices of the registration authority. After referral, any ‘voluntary’

agreements of this kind were required to be confirmed as ‘Decisions by Consent’. There would, in this case, be

no need for a Hearing; and the commissioner’s Decision Letter was not required to include the reasons for the

decision. See para 3.12 above for the commons commissioners’ regulations. These came into effect on

17.11.71 – i.e. a month before the referral date for first-period registrations.

6 (5) 2006 Act Regulations & Guidance

1 SI 2008/1960 The Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008 2 SI 2008/1961 Commons Registration (England) Regulations 2008 3 [Memo] Explanatory Memorandum to 2008 Regulations 4 SI 2008/1962 The Dartmoor Commons (Authorised Severence) Order 2008 5 [Note] Explanatory note to Dartmoor Order 6 SI 2009/2018 Commons Registration (England) (Amendment) Regulations 2009 7 [Memo] Explanatory Memorandum to 2009 (Amendment) Regulations 8 SI 2014/3026 Commons Act 2006 (Commencement No. 7, Transitional and Savings Provisions)(England) Order 2014 9 SI 2014/3038 Commons Registration (England) Regulations 2014 10 [Link] Guidance to Commons Registration Authorities on Implementation of Part 1 11 [Link] Guidance to Applicants