Commons Act 2006 Implementation Update No.17

11 February 2010

This is number 17 in a series of emails to update you on the implementation of the Commons Act 2006 (‘the 2006 Act’).  In this update:

·     Postponement to national commencement of Part 1 of the Commons Act 2006

Please feel free to circulate this to colleagues or other interested people — or just hit ‘reply’ and say ‘no thanks’ if you want to have your name removed from this distribution list (we won’t be offended!). This update is also being sent to members of the National Common Land Stakeholder Group.

Postponement to national commencement of Part 1 of the Commons Act 2006

The national commencement of Part 1 of the Commons Act 2006 has been postponed. The planned first tranche of national commencement, which was expected to comprise the South West, South East (including London) and the East of England, will not now begin in October this year.

In England, implementation of Part 1 began with a pilot scheme, in October 2008.  Seven authorities are participating in the pilot: Cornwall, Devon, Hertfordshire, Kent and Lancashire County Councils, the County of Herefordshire District Council, and Blackburn with Darwen Borough Council. This represents about 18% of the registered common land in England.  The pilot implementation was designed to test the efficacy of procedures, guidance, costs and benefits, with the intention to commence national implementation in England from October 2010 onwards.

However, progress made by the pilot was slower than expected and as a result the Commons Registration (England) (Amendment) Regulations 2009 were made in July 2009 to extend the period during which applications to bring the pilot authority’s registers up-to-date could be made free of charge until September 2010. Defra’s subsequent review of the pilot highlighted the need to gather more evidence before making further decisions regarding national roll out. Therefore, 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 await the completion of the extended pilot period in September 2010.  This means a delay in national implementation of at least a year from our original intention to commence from October 2010, but it will also help ensure that decisions on how best to proceed following the pilot are based on the best possible information. A written ministerial statement was made by the Minister for Marine and Natural Environment, Huw Irranca-Davies, on 4^th February.

Further information is available from: www.defra.gov.uk/rural/protected/commonland/registration.htm.

Draft standard constitution for commons councils laid before Parliament

The draft Commons Councils (Standard Constitution) (England) Regulations 2010, made under Part 2 of the Commons Act 2006, were laid in Parliament on 9^th February. The draft Regulations must be debated in both Houses of Parliament before they can be made and come into force. We remain hopeful that Parliamentary time can be secured prior to the dissolution of Parliament for the impending election.

Part 2 is enabling rather than compulsory, and allows those involved in the management of a common such as the landowner, the commoners and other interested parties, to apply to establish a commons council, which will have statutory powers to ensure effective management. The Secretary of State can establish a commons council only where there is substantial support for doing so, and where all interests in the common have been considered. Some commons currently experience difficulty in reaching agreement on entry into Environmental Stewardship schemes but commons councils will provide a structure to facilitate this process and ensure compliance with the terms of the agreement.  Councils may be particularly helpful in securing entry into agreements on common land sites of special scientific interest (SSSIs) where agreements remain elusive.

Commons councils will help to improve the environmental and agricultural management of commons.  Our objective is to ensure that commons councils will be able to operate effectively and address local management needs at the same time as achieving wider environmental and public benefits.

Membership of commons councils will comprise landowners, commoners and other interested parties. Commons councils will be voluntary and established by order (by the Secretary of State) only where there is demonstrable substantial support. The standard constitution prescribes the standard framework for all individual commons councils that are subsequently established. Two model establishment orders – the West Barset Establishment Order and the Barset National Park Establishment Order – have been published for illustrative purposes on our website. We have also published Technical guidance on setting up a commons council, while further guidance is in preparation by Natural England to assist people contemplating the establishment of a commons council, before they begin to tackle the detailed issues covered in the technical guidance.

Links to all documents are available from our commons councils page: www.defra.gov.uk/rural/protected/commonland/councils.htm

New guidance for Uplands ELS agreements on common land

Uplands Entry Level Stewardship was launched on 9^th February 2010, and will replace the Hill Farm Allowance from 2010 onwards.  This is the result of a great deal hard work by many individuals and organisations over the last few years and we would like to take this opportunity to thank everyone who has been involved.  We look forward to the first successful agreements starting on 1^st July 2010.

Natural England will be issuing application packs from the launch date, and further information can be found on the website at: www.naturalengland.org.uk/es.

An ELS handbook supplement on the admission into Uplands ELS of common land and shared grazing in the Severely Disadvantaged Area is expected to be available on the website from 12^th February.  The supplement deals with the steps which must be taken, from registering a commoners’ association as a customer with the Rural Payments Agency, through mapping the common on the Rural Land Register, to applying for an Uplands ELS agreement, and provides advice on the internal agreement which will be required between the commoners and other parties to underpin the Uplands ELS agreement.

New guidance notes on 1965 Act registration and the management and protection of greens

Defra has recently published two new guidance notes. The first, The Commons Registration Act 1965: How the commons registers were prepared, describes the process by which common land and town and village greens were registered when the commons registers were first produced in the late 1960s.

The second guidance note, Management and protection of registered town and village greens: Frequently asked questions, answers some of the questions most frequently asked in relation to the management and protection of town and village greens.

Both guidance notes are available from our website at: www.defra.gov.uk/rural/protected/commonland/guidance.htm#10

Further information

More information about the 2006 Act is available at: www.defra.gov.uk/rural/protected/commonland/index.htm.

If you have any questions about this email, please do not hesitate to contact us by return e-mail at: commonsandgreens@defra.gsi.gov.uk .