OpenLegislation

Greenham and Crookham Commons Act 2002

2002 c. 1 · Enacted 1 May 2002

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

An Act to restore land at and in the vicinity of the Greenham and Crookham Commons as common land open to the public; to make provision for the conservation of the natural beauty of that land; to grant public access over that land in perpetuity and to make provision with respect to that public access; to restore and extend commoners' rights over that land; to constitute the Greenham and Crookham Common Commission for the management of that land; to confer powers on the West Berkshire District Council and on that Commission with respect to that land; and for connected and other purposes.

[1st May 2002]

Whereas—

  1. (1)

    The lands known as Greenham Common and Crookham Common in the district of West Berkshire were prior to the Second World War subject to rights of common and open to the public:

  2. (2)

    In 1939 Newbury Borough Council (“the Borough Council”) purchased Greenham Common for use as an open recreational area for the people of Newbury subject to subsisting rights of common over the land:

  3. (3)

    In 1941 Greenham Common was requisitioned by the Government for military purposes in connection with the national defence:

  4. (4)

    Following the end of the Second World War Greenham Common was de-requisitioned in 1947 but in 1951 was re-requisitioned by the Secretary of State for defence purposes:

  5. (5)

    In 1961, in anticipation of compulsory purchase proceedings by the Secretary of State, the Borough Council disposed of most of Greenham Common to the Secretary of State subject to any subsisting rights of common, and retained the remainder of Greenham Common:

  6. (6)

    In the 1950s and 1960s the Secretary of State acquired the whole of Crookham Common and other adjoining areas of land for defence purposes and, subsequently, most of that land and the land at Greenham Common acquired by the Secretary of State as mentioned above was fenced against the public by the Secretary of State and used as the Greenham Common Airbase:

  7. (7)

    In 1982 the Secretary of State sold land at Crookham Common outside the perimeter fence of the Greenham Common Airbase to Newbury District Council (“the Council”), the statutory successor to the Borough Council:

  8. (8)

    On 26 July 1983 the Council made a Scheme of Management under the Commons Act 1899 (c. 30) in respect of those parts of Greenham Common and Crookham Common then in their ownership and on 10 August 1983 the Council made byelaws under that Act of 1899 in respect of that land which byelaws were confirmed by the Secretary of State on 7 November 1983 (“the 1983 Scheme and Byelaws”):

  9. (9)

    Greenham Common and Crookham Common were registered as common land pursuant to the Commons Registration Act 1965 (c. 64) and rights of common over that land were registered under that Act:

  10. (10)

    The rights of common so registered in respect of those parts of Greenham Common then vested in the Secretary of State were extinguished in 1991 under the Defence Acts 1842 (c. 94), 1854 (c. 67) and 1859 (c. 12) and the Lands Clauses Consolidation Act 1845 (c. 18):

  11. (11)

    The rights of common registered in respect of those parts of Crookham Common formerly vested in the Secretary of State and enclosed by the perimeter fence of the Airbase as mentioned above have not been extinguished but have not been capable of being exercised since the land became vested in the Secretary of State:

  12. (12)

    The land at or in the vicinity of Greenham and Crookham Commons is no longer required for defence purposes except for three parcels of land which are retained by the Secretary of State to facilitate inspections pursuant to the Intermediate Range Nuclear Forces Treaty 1987 (“the IRNF Treaty”):

  13. (13)

    In 1997 the Secretary of State transferred to the Council all the land at or in the vicinity of Greenham and Crookham Commons then in the ownership of the Secretary of State except for certain land which was transferred to the Greenham Common Community Trust, a company limited by guarantee and registered under that name, and the three parcels of land mentioned above:

  14. (14)

    In addition, the Secretary of State has granted the Council an option to purchase one of the retained parcels of land (being the land cross-hatched black on the map deposited as mentioned below) at such date as the land may cease to be subject to the IRNF Treaty:

  15. (15)

    On 1 April 1998 the name of the Council was changed from Newbury District Council to West Berkshire District Council:

  16. (16)

    The outcome of the events since 1939 which are set out above is that most, though not all, of the lands forming Greenham and Crookham Commons are, with adjacent land, now in the ownership of the Council (“the Council’s land”); and of the Council’s land, part is subject to rights of common and regulated by the 1983 Scheme and Byelaws, part is subject to rights of common which have not been capable of being exercised for many years and the remainder is not subject to rights of common (because such rights have been extinguished as mentioned in paragraph (10) above or because such rights were not registered as required by the Commons Registration Act 1965 (c. 64) or because such rights have never existed):

  17. (17)

    Greenham Common and Crookham Common together comprise a site of local, regional and national significance on ecological, cultural and historical grounds, and parts of that land have been designated as a site of special scientific interest:

  18. (18)

    It is for the public benefit that the Council’s land be restored and conserved as common land for the recreation of the local inhabitants and other members of the public, that the exercise of commoners' grazing and other rights on the land be enabled and that conservation and educational activities on the land be encouraged:

  19. (19)

    It is desirable that the public be afforded a right of access to the Council’s land as by this Act provided:

  20. (20)

    To secure the conservation of the natural beauty and good management of the Council’s land, it is expedient that that land be managed as a single entity, that there should be constituted a Commission to be called the Greenham and Crookham Common Commission and that there be conferred on the Council and on the Commission powers relating to the Council’s land as by this Act provided:

  21. (21)

    It is expedient that the other provisions contained in this Act should be enacted:

  22. (22)

    A map showing the land to which the provisions of this Act apply has been deposited at the Office of the Clerk of the Parliaments, House of Lords, the Private Bill Office of the House of Commons, the Department of the Environment, Transport and the Regions and the office of the Chief Executive of the Council:

  23. (23)

    The objects of this Act cannot be attained without the authority of Parliament:

  24. (24)

    In relation to the promotion of the Bill for this Act the requirements of section 239 of the Local Government Act 1972 (c. 70) have been observed:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Preliminary
  2. 1Short title and commencement
  3. 2Interpretation
  4. Part 2: Principal provisions
  5. 3Definition of Greenham and Crookham Common
  6. 4Rights of common
  7. 5Restoration of extinguished rights of common
  8. 6Designation of additional open space
  9. 7Establishment of Greenham and Crookham Common Commission
  10. 8General duty of Council and Commission
  11. 9Greenham and Crookham Common Management Plan
  12. 10Obligation to fence land against Common
  13. Part 3: Public access
  14. 11Rights of public access
  15. 12Effect of public access on owners' rights and liabilities
  16. 13Map of land subject to public access
  17. 14Power to restrict public access
  18. 15Power to make byelaws
  19. 16Power to provide parking spaces
  20. 17Power to provide other facilities
  21. 18Exchange of common land
  22. 19Special events and activities
  23. 20Ancillary provisions relating to Council’s functions
  24. Part 4: Conservation of common
  25. 21Functions of Commission
  26. 22Grazing agreements
  27. 23Regulations as to management of commoners' rights
  28. 24Procedure for making regulations
  29. 25Appointment of reeves
  30. 26Register to be maintained by Commission
  31. 27Appeals against refusal to register, etc.
  32. Part 5: Financial provisions
  33. 28Funding of Commission
  34. 29Accounts of Commission
  35. Part 6: Miscellaneous and supplementary
  36. 30Power to modify constitution of Commission
  37. 31Power to grant easements over Common, etc.
  38. 32Power to authorise vehicles to enter Common, etc.
  39. 33Disposals of rights of common
  40. 34Provisions of Act to replace 1983 Scheme
  41. 35Application of section 194 of Law of Property Act 1925
  42. 36Local inquiries
  43. 37Service of notices
  44. 38Saving for certain statutory undertakers
  45. 39Saving for areas of special scientific interest
  46. 40Saving for town and country planning
  47. 41Relationship with Countryside and Rights of Way Act 2000
  48. 42Transitional provisions
  49. Schedule 1: Appointment and election of Commissioners
  50. Part 1: Appointed Commissioners
  51. 1Appointment and terms of office of first appointed Commissioners
  52. 2Term of office of subsequent appointed Commissioners
  53. 3Vacation of office by appointed Commissioners
  54. 4Reappointment of Commissioners
  55. 5Casual vacancies
  56. Part 2: Elected Commissioners
  57. 6Election of first elected Commissioners
  58. 7Election of first elected Commissioners
  59. 8Election of first elected Commissioners
  60. 9Election of first elected Commissioners
  61. 10Election of first elected Commissioners
  62. 11Election of first elected Commissioners
  63. 12Subsequent elections
  64. 13Subsequent elections
  65. 14Subsequent elections
  66. 15Term of office of elected Commissioners
  67. 16Vacation of office by elected Commissioners
  68. 17Disqualification of elected Commissioners
  69. 18Re-election of Commissioners
  70. 19Casual vacancies
  71. 20Costs of Elections
  72. Schedule 2: Rules Applicable to Election of Commissioners
  73. Part 1: Provisions as to time
  74. 1Timetable
  75. 2Computation of time
  76. Part 2: Stages Common to Contested and Uncontested Elections
  77. Chapter Notice of Election
  78. 3Notice of election
  79. 4Nomination of candidates
  80. 5Decisions as to validity of nomination papers
  81. 6Publication of statement of persons nominated
  82. 7Withdrawal of candidates
  83. 8Method of election
  84. Part 3: Contested Elections
  85. Chapter General Provisions
  86. 9Poll to be taken by postal ballot
  87. 10The ballot papers
  88. 11Issue of ballot papers
  89. 12Spoilt ballot papers
  90. Chapter Counting of Votes
  91. 13Attendance at counting of votes
  92. 14The count
  93. 15Recount
  94. 16Rejected ballot papers
  95. 17Decisions on ballot papers
  96. 18Equality of votes
  97. Part 4: Final Proceedings in Contested and Uncontested Elections
  98. 19Declaration of result
  99. Part 5: Disposal of Documents
  100. 20Sealing up of ballot papers
  101. 21Delivery of documents
  102. 22Challenge to election
  103. 23Retention of documents
  104. Part 6: Death of Candidate
  105. 24Abandonment of election on death of candidate
  106. of FormsAppendix of Forms
  107. Schedule 3: Incidental Provisions with respect to Commission
  108. 1Corporate status of the Commission
  109. 2Meetings of the Commission
  110. 3Meetings of the Commission
  111. 4Appointment of chairman and vice-chairman
  112. 5Chairman of meeting
  113. 6Appointment of committees
  114. 7Appointment of committees
  115. 8Proceedings of the Commission and committees
  116. 9Proceedings of the Commission and committees
  117. 10Proceedings of the Commission and committees
  118. 11Proceedings of the Commission and committees
  119. 12Proceedings of the Commission and committees
  120. 13Officers, services and advisors
  121. 14Authentication of the Commission’s seal
  122. 15Protection from personal liability