Schedule 3 to the Commons Act 2006
Information about schedule 3 to the Commons Act 2006 and part 4 of the Commons Registration (England) Regulations 2014.
The Commons Registration Act 1965 did not require the registers of common land and town or village greens prepared under that act to be kept up to date. Provision was made to register certain events, but compliance was optional. Many events affecting entries in the registers (or calling for new entries in the registers), have had effect since the registers were compiled, but many of these have not been captured in consequential amendments to the registers.
Schedule 3 to the Commons Act 2006 and parts 3 and 4 of the Commons Registration (England) Regulations 2014 effectively bring into effect part 1 of the 2006 Act by making provision for updating the commons registers during a transitional period to capture events since 1970 which have not yet been registered, so as to ensure that the registers are accurate and reliable records as a basis for improved management.
The events which may be registered during the transitional period are:
- The creation, surrender, variation, apportionment (in certain circumstances), severance, transfer or extinguishment of a right of common; and
- Legal events affecting registered land or registered rights of common, such as a compulsory purchase order, and the giving of any land in exchange.
The transitional period began in the North Yorkshire County Council area on 15 December 2014 and will end on 14 December 2018. During this time, there will be a three year transitional application period, during which applications may be made without charge until 14 December 2017. Some of the applications will require a fee and some will not. See the application types and fees page before submitting an application.
Failure to register any qualifying events will result in:
- A fee becoming payable for any application made after the end of the transitional application period (i.e. 14 December 2017);
- The possible refusal to register a qualifying event pursuant to an application made after the end of the transitional application period, if it would be unfair to grant the application by reason of any reliance placed on the registers since the end of the period; and
- The possible extinguishment of any unregistered rights of common, or the revival of any rights previously surrendered or extinguished.
Applications to amend the register must be made on the appropriate application form, available from the GOV.UK - Common land: management, protection and registering to use web page. This page also contains guidance notes to applicants.
For more information and queries about common land and village greens please contact:
North Yorkshire County Council
Business and Environmental Services Directorate
Telephone: 01609 780780
The register may also be inspected at the above address. Please make an appointment prior to any visit.