OpenLegislation

Regulation 2 Scope and interpretation

England and Wales

(1)

These Regulations apply where the Secretary of State, or a person appointed by him, has granted an application under section 16 of the 2006 Act and has made an order under section 17 of the 2006 Act in consequence of the granting of that application.

(2)

In these Regulations—

  • “the 1965 Act” means the Commons Registration Act 1965f1;

  • “the 2006 Act” means the Commons Act 2006;

  • “commons registration authority” means a registration authority under the 1965 Act;

  • “deregistration order” means an order to a commons registration authority under section 17(1) of the 2006 Act (other than a deregistration and exchange order);

  • “deregistration and exchange order” means an order to a commons registration authority under section 17(1) and (2) of the 2006 Act;

  • “the General Regulations” means the Commons Registration (General) Regulations 1966f2, and “General Regulation” followed by a number means the regulation so numbered in the General Regulations;

  • “Model Entry” followed by a number means the specimen entry so numbered in Part 1 of Schedule 2 to the General Regulations or Part 1 of the Schedule to these Regulationsf3;

  • “register of common land” and “register of town or village greens” refer to the registers maintained by a commons registration authority pursuant to section 3 of the 1965 Act;

  • “register unit” is to be interpreted in accordance with General Regulation 10;

  • “Standard Entry” followed by a number means the specimen entry so numbered in Part 2 of the Schedule to these Regulations, or an entry to substantially the same effectf4.

Annotations

Footnotes

f1

1965 c.64. By article 3(1) and (2) of the Commons Act 2006 (Commencement No. 3, Transitional Provisions and Savings) (England) Order 2007/2584 (C..98), until the coming into force of section 1 of the 2006 Act, references to land being registered as common land or as a town or village green in sections 16 and 17 of the 2006 Act are to be taken as references to land being so registered under the 1965 Act, and an order under section 17 of the 2006 Act is to be treated as an order requiring the commons registration authority to amend the registers which it maintains pursuant to the 1965 Act..

f2

S.I. 1966/1471, to which there are amendments not relevant to these Regulations.

f3

Model Entries 1-22 are contained in the General Regulations, and Model Entries 23-32 (which are not referred to in these Regulations) are contained in S.I. 1968/989, 1970/1371 and 1972/437.

f4

Standard Entries 1-10 are contained in the General Regulations and S.I. 1968/989, 1972/437 and 1990/311.