Paragraph 4 I1I2C1C2I3C3C4
England and Wales
If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.
This paragraph applies to land which at the time of the application under sub-paragraph (1) is waste land of a manor and where, before the commencement of this paragraph—
the land was provisionally registered as common land under section 4 of the 1965 Act;
an objection was made in relation to the provisional registration; and
the provisional registration was cancelled in the circumstances specified in sub-paragraph (3), (4) or (5).
The circumstances in this sub-paragraph are that—
the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;
the Commissioner determined that, although the land had been waste land of a manor at some earlier time, it was not such land at the time of the determination because it had ceased to be connected with the manor; and
for that reason only the Commissioner refused to confirm the provisional registration.
The circumstances in this sub-paragraph are that—
the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;
the Commissioner determined that the land was not subject to rights of common and for that reason refused to confirm the provisional registration; and
the Commissioner did not consider whether the land was waste land of a manor.
The circumstances in this sub-paragraph are that the person on whose application the provisional registration was made requested or agreed to its cancellation (whether before or after its referral to a Commons Commissioner).
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. 4 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. 4 partly in force; Sch. 2 para. 4 not in force at Royal Assent see s. 56(1); Sch. 2 para. 4(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2
- I2
Sch. 2 para. 4 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. 4 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. 4(1)-(5) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)
- I5
Sch. 2 para. 4(6) 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)