ARCHIVE: Pilot implementation: Updating the commons registers

Image showing Brow Moor in RavenscarUnder Part 1 of the Commons Act 2006 the commons registers are required to be updated to take account of events affecting the registers since the 1970s which have not been recorded.  Any future events affecting the registers will only be effective in law upon an application to make the necessary amendment to the registers.

Find out below about the pilot implementation of Part 1 of the Commons Act 2006 from 1 October 2008.  Information is also available about commons registration authorities' functions under the Commons Registration Act 1965 (which continues to apply outside the pilot areas), including Defra's updates to registration authorities.

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Pilot implementation of Part 1 of the Commons Act 2006

In England, implementation of the registration provisions in Part 1 of the Act began with a pilot scheme starting on 1 October 2008. The commons registration authorities participating in the pilot are: Devon, Kent (but not including unitary authorities in these first two counties), Cornwall, Hertfordshire, Herefordshire, Lancashire (but not Blackpool), and Blackburn with Darwen. The pilot implementation was brought into force by the Commons Act (Commencement No. 4 and Savings) (England) Order 2008.

The Commons Registration (England) Regulations 2008, which apply to the participating commons registration authorities only, prescribe the process for making applications to amend the registers of common land and town and village greens. The pilot allows applications, and proposals (effectively a registration authority applying to itself), to be submitted for both the registration of new events affecting the register and also historic events which went unrecorded between the late 1960s and the present day. This includes the registration of land that was missed during the first wave of registration under the 1965 Act and also the deregistration of land that was wrongly registered under that Act. A further year to register historic events during the initial transitional application period has been allowed by amendments made by the Commons Registration (England) (Amendment) Regulations 2009, so that the transitional application period will now end on 30 September 2010.

Review of the pilot implementation of Part 1 of the Commons Act 2006

At the end of the first year Defra undertook a review of the pilot (PDF 295KB). The purpose of the review is to reflect on the experience of Defra and stakeholders in managing the pilot, to consider what lessons can be learned from the exercise, and to help shape the form of national roll-out of Part 1 at a later date.

National roll out

Defra’s intention was that the national roll out of Part 1 would take place in three tranches commencing in October 2010. However, following the review of the pilot, it became apparent that progress had been slower than expected. In order to ensure that we are able to learn fully all the lessons from the pilot, it has been decided that the decision on how and when to go ahead with national commencement should be delayed until after September 2010 (i.e. until the end of the extended pilot period). 

This means a delay in national implementation of at least a year from the previous intention to commence from October 2010, but it will help ensure that decisions on how best to proceed following the pilot are based on the best possible information. This delay in national commencement will have no effect on the pilot authorities; Part 1 of the Commons Act 2006 will continue to apply in those areas.

Further details are available in the written ministerial statement made by the Minister for Marine and Natural Environment, Huw Irranca-Davies, on 4 February 2010.

Factsheets
Guidance
Statutory Instruments
Further information

The following websites provide further information about applications under the pilot implementation of Part 1 of the Commons Act 2006.  Defra is not responsible for information contained in these websites.

Consultation on implementing part 1 of Commons Act 2006

Defra consulted on proposals for implementing part 1 of the Commons Act 2006 in England between 3 July and 28 September 2007.  The consultation set out Defra’s plans for secondary legislation to enable the commons registers to be updated. Defra published a summary of responses (PDF 235 KB) to the consultation in January 2008.

Page last modified: 14 October 2010
Page published: 23 October 2008