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Commons Act 2006 - Section 19, 22 and Schedule 2: Correction, Non-Registration or Mistaken Registration

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Under section 19, and schedule 2, applications can be made to correct anomalies and mistakes in the Commons registers.

Background

The Commons Registration Act 1965 (the 1965 Act) established definitive registers of common land and town and village greens.  Commons Registration Authorities (Local Authorities) were appointed to draw up commons registers to record details of rights of common. 

The task of establishing registers was complex and the 1965 Act proved to have deficiencies. For example, some land was mistakenly registered as common land.  Other land was overlooked and not registered.  The 1965 Act provided no mechanism to remove wrongly registered land from the register once the registration had become final. 

Applications can now be made to correct anomalies and mistakes  in the registers. Commons Registration Authorities are  able to receive applications under section 19 and Schedule 2 of the 2006 Act.:

  • Section 19 enables commons registration authorities to correct certain errors in the commons registers
  • Schedule 2 allows land fulfilling relevant criteria to be added or removed from the register (if not registered or wrongly registered).

The Commons Act 2006 (Correction, Non- Registration or Mistaken Registration) (Wales) Regulations 2017 came into force on 5 May 2017.  

This regulation sets out the legal requirements for considering and determining applications and proposals under sections 19, 22 and Schedule 2.

Commons Registration Authorities, where the land is located, can now accept applications under section 19 and Schedule 2 of the 2006 Act. 

For further information please contact us: CommonsAct2006@wales.gsi.gov.uk

Useful links

The Commons Act 2006 (Correction, Non-Registration or Mistaken Registration) (Wales) Regulations 2017 (external link)

Commons  Registration Authorities  

Planning Inspectorate Wales