Commentary on Sections Schedule 2: Modification or discharge of affordable housing requirements: related amendments Section 17: Applications to amend registers: modification of power to provide for fees
86.This section amends in relation to England the power in section 24(2)(d) of the Commons Act 2006 (“the 2006 Act”) to charge fees for applications made under Part 1 of that Act to amend a register of common land or a register of town or village greens. The revised power allows the Secretary of State to make provision in regulations for fees to be payable in relation to an application, in particular provision for a fee payable to be determined by the person to whom an application is made or (if different) the person by whom the application is to be determined. The aim of this section is to allow for greater flexibility and targeting of fees – subject to secondary legislation and Parliamentary scrutiny – for example in circumstances where an application is made to the commons registration authority but referred to the Planning Inspectorate. The power as it applies to Wales is restated but is unchanged.