Statutory Instruments

2007 No. 2597 (W.220)

COMMONS, WALES

The Commons Registration (General) (Amendment) (Wales) Regulations 2007

Made

4 September 2007

Laid before the National Assembly for Wales

6 September 2007

Coming into force

1 October 2007

The Welsh Ministers make these Regulations in exercise of the powers vested in them(1) by section 19(1) of the Commons Registration Act 1965(2):

Title, commencement and application

1.—(1) The title of these Regulations is the Commons Registration (General) (Amendment) (Wales) Regulations 2007.

(2) These Regulations come into force on 1 October 2007.

(3) These Regulations apply in relation to Wales.

(4) In these Regulations, “the 1966 Regulations” (“Rheoliadau 1966”) means the Commons Registration (General) Regulations 1966(3).

Revocations

2.  The following provisions of the 1966 Regulations are revoked—

(a) regulation 32 (official searches and certificates);

(b) regulation 35 (supply of certain forms);

(c) in Schedule 1 (forms), Form 21 and its duplicate; and

(d) in Schedule 3 (fees for searches etc.), the first and second items in the table.

3.  The following Regulations are revoked—

(a) the Commons Registration (General) (Amendment) Regulations 1982(4);

(b) the Commons Registration (General) (Amendment) Regulations 1989(5); and

(c) the Commons Registration (General) (Amendment) (Wales) Regulations 2003(6).

Amendment of the 1966 Regulations

4.  In regulation 34(1) of the 1966 Regulations, for “for searches and official certificates of search, and for certified copies and extracts”, substitute “for certified copies and extracts”.

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

4 August 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke, on 1 October 2007, the provisions in the Commons Registration (General) Regulations 1966 (S.I. 1966/1471) (“the 1966 Regulations”) relating to official searches of the commons registers and certificates of search insofar as those provisions apply in relation to Wales and make a related amendment to those Regulations.

A search of the commons registers will instead be possible through the new question which has been added to Part II of the revised Supplementary Enquiries of Local Authority Form, CON 29O.

Regulation 35 (supply of certain forms) of the 1966 Regulations is also revoked in view of the discontinuance of the arrangements for the Office of Public Sector Information (formerly H.M. Stationery Office) to supply the forms specified in that regulation.

A full regulatory impact assessment of the effect of the change in the arrangements for searches of the commons registers was published for the Commons Act 2006 (c. 26). The assessment can be viewed on Defra’s website at www.defra.gov.uk.

(1)

In relation to Wales, the functions of the Minister were transferred to the Secretary of State for Wales by the Ministry of Land and Natural Resources (Dissolution) Order 1967 (S.I. 1967/156). The functions of the Secretary of State for Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Back [1]

(2)

1965 c. 64. See section 22(1) for the definitions of “the Minister” and “prescribed”. Back [2]

(3)

S.I. 1966/1471; relevant amending instruments are S.I. 1980/1195 (revoked by S.I. 1989/2167), 1982/210, 1989/2167 and 2003/994 (W.143). Back [3]

(4)

S.I. 1982/210. Back [4]

(5)

S.I. 1989/2167. Back [5]

(6)

S.I. 2003/994 (W.143). Back [6]