The Town and Village Greens (Landowner Statements) (Wales) (No. 2) Regulations 2018
| Jurisdiction | Wales |
| Citation | SI 2018/1100 (W230) |
| Year | 2018 |
2018 No. 1100 (W. 230)
Commons, Wales
The Town and Village Greens (Landowner Statements) (Wales) (No. 2) Regulations 2018
Made 17th October 2018
Laid before the National Assembly for Wales 19th October 2018
Coming into force 22th October 2018
The Welsh Ministers, in exercise of the powers conferred on the appropriate national authority by sections 15A, 15B and 59 of the Commons Act 20061, make the following Regulations:
Title, commencement and application
1.—(1) The title of these Regulations is the Town and Village Greens (Landowner Statements) (Wales) (No. 2) 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)
(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)
(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)
(a) identify the requirement in question; and
(b)
(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)
(a) send an acknowledgement of receipt to the relevant owner; and
(b)
(b) give notice that a statement has been deposited (“notice of deposit”) in accordance with paragraph (4).
(4) The authority must—
(a)
(a) publish notice of deposit on its website;
(b)
(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)
(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)
(a) the contact details of the person in the authority to whom enquiries about the register may be made;
(b)
(b) an index to the register; and
(c)
(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) a copy of the map and any legend accompanying or forming part of the map;
(b)
(b) a copy of Part B of the...
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