Title, commencement and application

1.-(1) The title of these Regulations is the Town and Village Greens (Landowner Statements) (Wales) Regulations 2018 and they come into force on 22 October 2018.

(2) These Regulations apply in relation to Wales.

Interpretation

2.  In these Regulations-

"the 2006 Act" ("Deddf 2006") means the Commons Act 2006;

"the authority" ("yr awdurdod") means the commons registration authority;

"notice of deposit" ("hysbysiad adneuo") has the meaning given in regulation 6(3)(b);

"register" ("cofrestr") means the register which the authority is required to keep under section 15B(1) of the 2006 Act with respect to maps and statements deposited under section 15A of that Act;

"relevant land" ("tir perthnasol") means the land to which the statement in question relates;

"relevant owner" ("perchennog perthnasol") means the owner depositing a statement;

"statement" ("datganiad") means a statement under section 15A(1) of the 2006 Act.

Prescribed forms of statement and map

3.-(1) A statement under section 15A(1) of the 2006 Act must be-

(a)in the form set out in Schedule 1, or in a form substantially to the like effect, with such insertions or omissions as are necessary in a particular case; and

(b)signed-

(i)by, or by a duly authorised representative of, every owner of the relevant land who is an individual; and

(ii)by the secretary or some other duly authorised officer of every owner of the relevant land which is a body corporate or an unincorporated association.

(2) The map which must accompany the statement in accordance with section 15A(3) of the 2006 Act must be an Ordnance Map, at a scale of not less than 1:10,560, showing the boundary of the relevant land in coloured edging.

Fees

4.-(1) The authority may determine a reasonable fee for the deposit of a statement.

(2) The relevant owner must pay any fee determined in accordance with paragraph (1) to the authority.

Timing of deposit

5.  A statement is to be regarded as having been deposited under section 15A(1) of the 2006 Act on the day when the following have been received by the authority-

(a)a statement which complies with regulation 3(1);

(b)a map which complies with regulation 3(2); and

(c)any fee payable in accordance with regulation 4.

Managing and publicising the statement

6.-(1) Where the authority considers that any of the requirements referred to in regulation 3 or 4(2) have not been complied with, it must give notice to the relevant owner to that effect.

(2) Such notice must-

(a)identify the requirement in question; and

(b)set out the reasons why the authority considers that any requirement has not been complied with.

(3) As soon as practicable after receiving a statement in accordance with regulation 3(1), a map in accordance with regulation 3(2) and any fee required by regulation 4, the authority must-

(a)send an acknowledgement of receipt to the relevant owner; and

(b)give notice that a statement has been deposited ("notice of deposit") in accordance with paragraph (4).

(4) The authority must-

(a)publish notice of deposit on its website;

(b)serve notice of deposit on any person who has previously asked to be informed of all statements that have been deposited with the authority and who has given the authority an email or postal address for that purpose;

(c)display notice of deposit for at least 60 days-

(i)at or near at least one obvious place of entry to the relevant land; or

(ii)in any case where there are no such places, at or near at least one conspicuous place on the boundary of such land.

(5) The notices required by paragraph (4) must be in the form set out in Schedule 2, or in a form substantially to the like effect, with such insertions or omissions as are necessary in a particular place.

(6) Where a notice displayed under paragraph (4)(c) is, without any fault or intention of the authority, removed, obscured or defaced before the period of 60 days has elapsed, the authority is to be treated as having complied with the requirements of that paragraph.

Information to be contained in the register

7.-(1) The register must include-

(a)the contact details of the person in the authority to whom enquiries about the register may be made;

(b)an index to the register; and

(c)any other information which the authority considers appropriate.

(2) The register must contain the following information with respect to each map and statement deposited with the authority-

(a)a copy of the map and any legend accompanying or forming part of the map;

(b)a copy of the statement;

(c)the name and address, including the postcode, of the relevant owner;

(d)the date on which the statement and map were deposited with the authority;

(e)details of the land delineated on the map, including-

(i)the Ordnance Survey six-figure grid reference of a point within the area delineated;

(ii)the name of the electoral ward, district or community in which the land is situated;

(iii)the address and postcode of those buildings on the land to which a postcode has been assigned; and

(iv)the name of the town or city which is nearest to the point referred to in paragraph

Manner of keeping the register

8.-(1) The register must-

(a)be kept in electronic and paper form;

(b)be kept in parts so that each part-

(i)relates to land within a particular electoral ward, district or community; and

(ii)contains the information referred to in regulation 7.

(2) The authority must keep the register in such manner as is suitable to enable a copy of any of the particulars contained in the register to be taken by or for any person who requests a copy in person at the relevant office.

(3) The paper version of the register must be kept at the relevant office.

(4) In this regulation "relevant office" ("swyddfa berthnasol") means-

(a)where the authority has specified an office for the purpose of these Regulations on its website, the office so specified;

(b)otherwise, the principal office of the authority.

Removal of entries from the register

9.-(1) The authority may remove an entry from the register, or any part of an entry, if it is satisfied that the map or statement in question contains a material error.

(2) Before removing an entry from the register, the authority must give to the relevant owner not less than 28 days notice of its intention to do so.

Regulation 3(1)(a)

SCHEDULE 1Form of Statement

Regulation 6(5)

SCHEDULE 2Form of Notice of Deposit

EXPLANATORY NOTE

(This note is not part of the Regulations)

Land may be registered as a town or village green in the circumstances specified in section 15 of the Commons Act 2006 ("the 2006 Act"). A characteristic of each of those circumstances is that a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, must have indulged ‘as of right' in lawful sports and pastimes on the land in question for a period of at least 20 years.

Section 15A(1) of the 2006 Act permits the owner of such land to deposit with the commons registration authority a statement, the effect of which is to bring to an end any period during which persons have indulged as of right in lawful sports and pastimes on the land to which the statement relates. The statement must be accompanied by a map.

These Regulations make provision in respect of the deposit of statements under section 15A(1) of the 2006 Act and associated matters.

Regulation 3 prescribes the form of statement that may be deposited with the commons registration authority and the form of the map which must accompany it.

Regulation 4 enables the commons registration authority to prescribe a reasonable fee in relation to the deposit of a statement

Regulation 5 makes provision relating to when a statement is to be treated as having been deposited with the commons registration authority.

Regulation 6 makes provision relating to the manner in which the commons registration authority must manage and publicise the deposit of a statement.

Regulation 7 contains requirements relating to specific information that must be included in the register required under section 15B(1) of the 2006 Act.

Regulation 8 makes provision relating to the manner in which that register required under section 15B(1) of the 2006 Act must be kept by the commons registration authority, including requirements relating to paper and electronic versions.

Regulation 9 makes provision which permits the commons registration authority to remove an entry from that register, or any part of an entry, in the case of a material error, subject to prior notice.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.