Statutory Instrument 1990 No. 311

The Common Land (Rectification of Registers) Regulations 1990

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© Crown Copyright 1990

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1990 No. 311

COMMON

The Common Land (Rectification of Registers) Regulations 1990

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by section 19(1) and (4)^[1] of the Commons Registration Act 1965^[2], and now vested in them^[3], and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals under section 10(1) of the Tribunals and Inquiries Act 1971^[4], hereby make the following Regulations:—

Title and commencement
    1.    These Regulations may be cited as the Common Land (Rectification of Registers) Regulations 1990 and shall come into force on 21st March 1990.

Interpretation
    2.—(1)  In these Regulations, unless the context otherwise requires,—

"the 1965 Act" means the Commons Registration Act 1965;


"the 1989 Act" means the Common Land (Rectification of Registers) Act 1989;


"the 1971 Regulations" means the Commons Commissioners Regulations 1971^[5];


"the Chief Commissioner" means the Chief Commons Commissioner, or the Commissioner appointed under section 17(3) of the 1965 Act to act for the time being in his stead;


"the General Regulations" means the Commons Registration (General) Regulations 1966^[6];


"the Clerk" means the Clerk for the time being to the Commons Commissioners;


"concerned authority" means a local authority (other than the registration authority) or a National Park Authority whose area includes any part of the land to which the objection relates;


"Form" followed by a number means the form so numbered in Schedule 1 to these Regulations, or a form to substantially the same effect;


"local authority" means the council of a county, a London Borough, a district, and a parish or community council;


"objection" means a notice of objection under the 1989 Act to the inclusion of land on a register, and "objector" shall be construed accordingly;


"registration" means a registration of land as common land or town or village green under section 4 of the 1965 Act, and "registered" shall be construed accordingly;


"registration authority" means the registration authority for the purposes of the 1965 Act; and


"register unit" has the meaning assigned to it by regulation 10 of the General Regulations.

    (2)  A requirement to publish a notice or other document is a requirement to cause it to be published in a newspaper circulating in the area of the land affected by the objection to which that notice or document relates.

    (3)  A requirement to display a notice or other document or copies thereof is a requirement to treat it for the purposes of section 232 (public notices) of the Local Government Act 1972^[7] as if it were a public notice within that section.

Official stamp of registration authority
    3.—(1)  Every registration authority shall have an official stamp for the purposes of the 1989 Act, as follows:—

[1] See the definition of "the Minister" in section 22(1) back

[2] 1965 c. 64; section 19(1) and (4) were extended by section 2 of the Common Land (Rectification of Registers) Act 1989 (c. 18) back

[3] S.I. 1967/156and 1970/1681 back

[4] 1971 c. 62 back

[5] S.I. 1971/1727 back

[6] S.I. 196611471, to which there are amendments not relevant to these Regulations. back

[7] 1972 c. 70 back

Explanatory Note