Explanatory note

Sections 16 and 17 of the Commons Act 2006 (“the 2006 Act”) make provision for applications to deregister land which is registered as common land or as a town or village green, and to register other land in replacement.

Such applications are, in England, to be determined by the Secretary of State or a person appointed by him. Where he grants an application, section 17(1) and (2) of the 2006 Act requires him to make an order directing the commons registration authority to amend its register of common land or town or village greens accordingly.

Part 1 of the 2006 Act has not yet been fully brought into force. Until sections 1 to 3 are brought into force, an order under section 17 is to be treated as an order directing the registration authority to amend the registers which it maintains pursuant to the Commons Registration Act 1965 (“the 1965 Act”), by virtue of transitional provisions contained in the Commons Act 2006 (Commencement No. 3, Transitional Provisions and Savings) (England) Order 2007.

These Regulations specify the manner in which a registration authority must amend the registers which it maintains pursuant to the 1965 Act, when it receives an order under section 17.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.