Paragraph 3 I1I2C1C2I3C3C4
England and Wales
If a commons registration authority is satisfied that any land not registered as a town or village green or as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as a town or village green in its register of town or village greens.
This paragraph applies to any land which—
on 31 July 1970 was land allotted by or under any Act for the exercise or recreation of the inhabitants of any locality;
was not at any time finally registered as a town or village green or as common land under the 1965 Act;
continues to be land allotted as specified in paragraph (a);
is land to which this Part applies; and
satisfies such other conditions as regulations may specify.
A commons registration authority may only register land under sub-paragraph (1) acting on—
the application of any person made before such date as regulations may specify; or
a proposal made and published by the authority before such date as regulations may specify.
Annotations
Modifications
- C1
Sch. 2 paras. 2-4 excluded (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 49 (with art. 51, Sch. 10 paras. 68, 85)
- C2
Sch. 2 paras. 2-4 disapplied (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 5 (with arts. 42, 43)
- C3
Sch. 2 paras. 2-4 excluded (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 5 (with arts. 43, 44)
- C4
Sch. 2 para. 3 extended and modified (temp.) by S.I. 2017/564, art. 4 (as added) (20.9.2017) by The Commons Act 2006 (Commencement No. 5 and Transitional Provisions (Wales) and Commencement No. 4 (Wales) (Amendment)) Order 2017 (S.I. 2017/933), art. 5(1)(2)
Commencement
- I1
Sch. 2 para. 3 partly in force; Sch. 2 para. 3 not in force at Royal Assent see s. 56(1); Sch. 2 para. 3(2)(e)(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2
- I2
Sch. 2 para. 3 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)
- I3
Sch. 2 para. 3 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(e) (with art. 5)
- I4
Sch. 2 para. 3(1)(2)(a)-(d) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)
- I5
Sch. 2 para. 3(2)(e)(3) in force at 10.4.2017 for W. in so far as not already in force by S.I. 2017/564, art. 3(c)
Notes on Schedule 2
Modifications
- C1
Sch. 2 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 35(6) (with Sch. 13 para. 14(2), Sch. 14 para. 19)
- C2
Sch. 2 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 5(11) (with Sch. 13 para. 14(2), Sch. 14 para. 19)
- C3
Sch. 2 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 46(5) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
- C4
Sch. 2 excluded (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 4(10) (with Sch. 8 para. 20)
- C5
Sch. 2 excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 4(9) (with arts. 55-57, Sch. 8 para. 13)