Office of Public Sector Information
PART 1 continued
(3) References in this section to a mistake include—
(a) a mistaken omission, and
(b) an unclear or ambiguous description,
and it is immaterial for the purposes of this section whether a mistake was made before or after the commencement of this section.
(4) An amendment may be made by a commons registration authority—
(a) on its own initiative; or
(b) on the application of any person.
(5) A mistake in a register may not be corrected under this section if the authority considers that, by reason of reliance reasonably placed on the register by any person or for any other reason, it would in all the circumstances be unfair to do so.
(6) Regulations may make further provision as to the criteria to be applied in determining an application or proposal under this section.
(7) The High Court may order a commons registration authority to amend its register of common land or town or village greens if the High Court is satisfied that—
(a) any entry in the register, or any information in an entry, was at any time included in the register as a result of fraud; and
(b) it would be just to amend the register.
(1) Any person may inspect and make copies of, or of any part of—
(a) a register of common land or town or village greens;
(b) any document kept by a commons registration authority which is referred to in such a register;
(c) any other document kept by a commons registration authority which relates to an application made at any time in relation to such a register.
(2) The right in subsection (1) is subject to regulations which may, in particular—
(a) provide for exceptions to the right;
(b) impose conditions on its exercise.
(3) Conditions under subsection (2)(b) may include conditions requiring the payment of a fee (which may be a fee determined by a commons registration authority).
(1) An official copy of, or of any part of—
(a) a register of common land or town or village greens,
(b) any document kept by a commons registration authority which is referred to in such a register, or
(c) any other document kept by a commons registration authority which relates to an application made at any time in relation to such a register,
is admissible in evidence to the same extent as the original.
(2) Regulations may make provision for the issue of official copies and may in particular make provision about—
(a) the form of official copies;
(b) who may issue official copies;
(c) applications for official copies;
(d) the conditions to be met by applicants for official copies.
(3) Conditions under subsection (2)(d) may include conditions requiring the payment of a fee (which may be a fee determined by a commons registration authority).
Schedule 2 (non-registration or mistaken registration under the Commons Registration Act 1965 (c. 64)) has effect.
(1) Schedule 3 (transitional provision) has effect.
(2) Nothing in Schedule 3 affects the power to make transitional provision and savings in an order under section 56; and an order under that section may modify any provision made by that Schedule.
(1) Regulations may make provision as to the making and determination of any application for the amendment of a register of common land or town or village greens under or for the purposes of this Part.
(2) Regulations under subsection (1) may in particular make provision as to—
(a) the steps to be taken by a person before making an application;
(b) the form of an application;
(c) the information or evidence to be supplied with an application;
(d) the fee payable on an application (which may be a fee determined by the person to whom the application is made);
(e) the persons to be notified of an application;
(f) the publication of an application;
(g) the making of objections to an application;
(h) the persons who must be consulted, or whose advice must be sought, in relation to an application;
(i) the holding of an inquiry before determination of an application;
(j) the evidence to be taken into account in making a determination and the weight to be given to any evidence;
(k) the persons to be notified of any determination;
(l) the publication of a determination;
(m) the amendments to be made by a commons registration authority to a register of common land or town or village greens pursuant to a determination;
(n) the time at which any such amendments are to be regarded as having been made.
(3) In the case of an application made for the purposes of any of—
(a) sections 6 to 8, 12 and 13,
(b) paragraph 1 or 3 of Schedule 1,
(c) paragraph 2 or 3 of Schedule 2, and
(d) paragraph 2(5)(a) of Schedule 3,
regulations under subsection (1) may make provision as to the persons entitled to make the application.
(4) An application made for the purposes of any of—
(a) sections 6, 7, 10, 11, 12, 13 and 15, and
(b) paragraph 1 or 3 of Schedule 1,
shall, subject to any provision made by or under this Part, be granted.
(5) Regulations under subsection (1) may include provision for the appropriate national authority to appoint a person to discharge any or all of its functions in relation to an application made to it under section 16.
(6) Regulations may make provision as to the making and determination of any proposal by a commons registration authority to amend a register on its own initiative pursuant to section 19, Schedule 2 or paragraph 2(5)(b) of Schedule 3.
(7) Regulations under subsection (6) may in particular make provision as to—
(a) the persons to be notified of a proposal;
(b) the publication of a proposal (and the information or evidence to be published with a proposal);
(c) the making of objections to a proposal;
(d) the persons who must be consulted, or whose advice must be sought, in relation to a proposal;
(e) the holding of an inquiry before determination of a proposal;
(f) the evidence to be taken into account in making a determination and the weight to be given to any evidence;
(g) the persons to be notified of any determination;
(h) the publication of a determination;
(i) the amendments to be made by a commons registration authority to a register of common land or town or village greens pursuant to a determination.
(8) Regulations under this section may include provision for—
(a) the appropriate national authority to appoint persons as eligible to discharge functions of a commons registration authority in relation to applications made to, or proposals made by, the commons registration authority; and
(b) the appointment of one or more of those persons to discharge functions of the commons registration authority in the case of any description of application or proposal.
(9) Regulations under this section may provide for the Church Commissioners to act with respect to any land or rights belonging to an ecclesiastical benefice of the Church of England which is vacant.
(1) Regulations may require or permit the whole or any part of a register kept under this Part to be kept in electronic form.
(2) Regulations under subsection (1) may include provision as to—
(a) requirements to be complied with in relation to the recording of information in electronic form;
(b) the certification of information recorded in electronic form (including the status of print-outs of such information).
(3) Regulations under subsection (1) may also include provision as to the process of converting a register, or part of a register, into electronic form.
(4) The provision referred to in subsection (3) includes in particular provision—
(a) as to the publicity to be given to such a conversion;
(b) requiring a provisional electronic version to be made available for inspection and comment;
(c) as to the holding of an inquiry in relation to any question arising as a result of the conversion.
Commons Act 2006