It is the responsibility of an applicant under paragraph 4 of schedule 2 to the Commons Act 2006 to obtain and provide evidence supporting his or her application. Where relevant manorial documents are held by local record offices, they will generally be available to the public for inspection. Where they are held by private individuals, arrangements for inspection should be made with the custodian.
Public access is already generally available to similar documents where they are held by public bodies, under the Environmental Information Regulations 2004. Under regulation 6 of the 2004 regulations, a person may request information to be made available in electronic form, and a public authority must comply unless the exceptions in regulation 6(1) apply. DEFRA has arranged for electronic copies of the decisions of the Commons Commissioners in England and Wales to be placed on the website of the Association of Commons Registration Officers at
The use of large-scale maps is required for the purposes of an application under paragraph 4 of schedule 2 to the Commons Act 2006, in order to ensure accuracy in determining the boundary line of the land specified in the application. However, we accept that, where the application relates to the whole of a cancelled register unit, the representation of the cancelled unit on the register map could otherwise be suitable for the purpose of identification.
We are reviewing the pilot implementation of part 1 of the Commons Act 2006, and will consider what changes might be made to the regulations relating to applications under paragraph 4 of Schedule 2 to the Act when Part 1 is implemented nationally at a later date.
No assistance is available from DEFRA for the purposes of making an application to register waste land of a manor under paragraph 4 of Schedule 2 to the Commons Act 2006, regardless of whether the ownership is registered with the Land Registry.
The impact assessment for the pilot implementation of Part 1 of the Commons Act 2006 concluded that the completion of an application form by applicants would impose a very small administrative burden on applicants. In addition, the costs of giving notice of an application to prescribed persons would also generally be low. The impact assessment noted that DEFRA intended to gather further information about the burden on applicants, but to date no applications have been submitted under paragraph 4 of Schedule 2 to enable this to be done.