Article 3 Transitional provision

England and Wales

(1)

Paragraph (2) applies in relation to any relevant land before the commencement of section 1 of the Commons Act 2006 in respect of the land in question.

(2)

In the provisions mentioned in paragraph (3), as they apply in relation to such land, the references to a register kept under Part 1 are to be read as referring to the appropriate register maintained under section 3(1) of the Commons Registration Act 1965^f1.

(3)

The provisions referred to in paragraph (2) are —

(a)

the definitions of “common land” in —

(i)

section 9(6) of the Countryside Act 1968^f2;

(ii)

section 11 of the Animals Act 1971^f3; and

(iii)

section 61(9) of the Criminal Justice and Public Order Act 1994^f4; and

(b)

the definition of “town or village green” in section 11 of the Animals Act 1971.

(4)

In this article —

(a)

“Part 1” means Part 1 of the Commons Act 2006; and

(b)

“relevant land” means land in England to which Part 1 applies^f5.

Annotations

Footnotes

f1: 1965 c. 64.
f2: 1968 c. 41; the definition of “common land” is substituted by paragraph 1 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order.
f3: 1971 c. 22; the definition of “common land”, and that of “town or village green” referred to in paragraph (3)(b) of this article, are substituted by paragraph 2 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order.
f4: 1994 c. 33; the definition of “common land” is substituted by paragraph 5 of Schedule 5 to the Commons Act 2006, which is brought into force by article 2(a)(i) of this Order. The definition of “land” was amended by paragraph 17 of Schedule 5 to the Countryside and Rights of Way Act 2000 (c. 37).
f5: Section 5 of the Commons Act 2006 defines the land to which Part 1 of the Act applies.