OpenLegislation

Paragraph 8 I1I2I3C1

England and Wales

I4(1)

If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of town or village greens.

(2)

This paragraph applies to land where—

(a)

the land was provisionally registered as a town or village green under section 4 of the 1965 Act;

(b)

on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;

(c)

the provisional registration became final; and

(d)

since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building.

I5(3)

A commons registration authority may only remove land under sub-paragraph (1) acting on—

(a)

the application of any person made before such date as regulations may specify; or

(b)

a proposal made and published by the authority before such date as regulations may specify.

Annotations

Modifications

C1

Sch. 2 para. 8 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. 8 partly in force; Sch. 2 para. 8 not in force at Royal Assent see s. 56(1); Sch. 2 para. 8(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I2

Sch. 2 para. 8 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. 8 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3 (with arts. 4, 5)

I4

Sch. 2 para. 8(1)(2) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I5

Sch. 2 para. 8(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)