# The Commons Registration (Amendment and Miscellaneous Revocations) Regulations 2010

S.I. 2010/2357 · made 22 September 2010

These Regulations revoke with effect from 30th November 2010 several instruments which relate to provisional registration under the Commons Registration Act 1965 (“the 1965 Act”). The following Regulations are revoked entirely:the Commons Registration (Publicity) Regulations 1966 (S.I. 1966/972);the Commons Registration (Objections and Maps) (Amendment) Regulations 1970 (S.I. 1970/384);the Commons Commissioners Regulations 1971 (S.I. 1971/1727);the Commons Registration (Second Period References) Regulations 1973 (S.I. 1973/815);the Commons Registration (Objection and Maps) (Amendment) (England) Regulations 2007 (S.I. 2007/540);the Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007 (S.I. 2007/2404); andthe Commons Registration (General) (Amendment) (Wales) Regulations 2007 (S.I. 2007/2597, W.220).

Made under: Commons Registration Act 1965 (Section 3, Section 4, Section 5, Section 6, Section 13, Section 19)

PDFs: Printed copy https://openlegislation.uk/commons-registration-amendment-and-miscellaneous-revocations-regulations-2010/pdf/uksi_20102357_en.pdf; Explanatory Memorandum https://openlegislation.uk/commons-registration-amendment-and-miscellaneous-revocations-regulations-2010/pdf/uksiem_20102357_en.pdf

## Introductory text

Commons, England And Wales
Made 22nd September 2010
Laid before Parliament 29th September 2010
Laid before the National Assembly for Wales 29th September 2010
Coming into force 30th November 2010
The Secretary of State in relation to England and the Welsh Ministers in relation to Wales, in exercise of the powers conferred by sections 3, 4, 5, 6(2), 13 and 19 of the Commons Registration Act 1965, and now vested in them, make the following Regulations.

## 1 Citation, commencement and application

(1) These Regulations may be cited as the Commons Registration (Amendment and Miscellaneous Revocations) Regulations 2010 and come into force on 30th November 2010.
(2) Save as provided in regulation 2, these Regulations apply in relation to England and Wales.

## 2 Revocations

The Regulations specified in Columns 1 and 2 of the Schedule are revoked to the extent specified in Column 3 (Part 1 of the Schedule specifying regulations applying to England and Wales, Part 2 regulations applying to England only, and Part 3 regulations applying to Wales only).

## 3 Amendment of the Commons Registration (General) Regulations 1966

The Commons Registration (General) Regulations 1966 are amended as follows—
(a) in regulation 2(2), omit the definition of “parcel of land”;
(b) omit regulations 5, 6, 8, 9, 10(1), 11, 12 and 14;
(c) in regulation 21, for “under the Land Registration Acts 1925 and 1936” substitute “in the register of title”;
(d) in regulation 26(2)—
(i) in paragraph (a), omit “and, where the registration of the land is provisional, the person (if any) on whose application it was made, and any person whose application has been noted under section 4(4) of the Act”;
(ii) in paragraph (b), omit “, and, where the registration is provisional, the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
(e) in regulation 27(5)(c), omit “, and, where the registration is provisional, the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
(f) in regulation 29(5), omit “, and, where the registration is provisional, upon the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
(g) for regulation 34(1) substitute—
“(1) The fees payable for certified copies and extracts shall be those specified in Schedule 3 to these Regulations.”;
(h) in Schedule 1—
(i) omit Form 5 and Forms 7 to 15;
(ii) in the Notes to Form 16—
(aa) in the heading to paragraph 3, omit “and search of registers”;
(bb) in paragraph 3, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph; and
(cc) omit paragraph 4;
(iii) in the Notes to Form 17—
(aa) in the heading to paragraph 2, omit “and search of registers”;
(bb) in paragraph 2, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph;
(cc) omit paragraphs 3 and 4; and
(dd) at the beginning of paragraph 6, insert—
“An application for removal, to be successful, must show that events subsequent to the registration of the land concerned have caused such land to cease to be common land or a town or village green by virtue of any instrument made under or pursuant to an enactment.”;
(iv) in the Notes to Form 19—
(aa) in the heading to paragraph 4, omit “and search of registers”;
(bb) in paragraph 4, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph;
(cc) omit paragraphs 5 and 6; and
(dd) at the beginning of paragraph 8, insert—
“An application for amendment, to be successful, must show that events subsequent to the registration of the right concerned have caused the right to become altered, for example by apportionment.”; and
(i) in Schedule 2—
(i) in Part 1, omit Model Entries 5 and 6; and
(ii) in Part 2—
(aa) omit Standard Entries 2 and 3; and
(bb) in each of Standard Entries 4 and 5, for “under the Land Registration Acts 1925 and 1936” substitute “in the register of title”.

## 4 Amendment of the Commons Registration (Objections and Maps) Regulations 1968

The Commons Registration (Objections and Maps) Regulations 1968 are amended as follows—
(a) in regulation 2(2)—
(i) omit the definitions of “concerned authority”, “Form”, “Model Entry”, “objector” and “supplemental map”; and
(ii) in the definition of “the General Regulations”, for “as amended by the Commons Registration (General) (Amendment) Regulations 1968” substitute “as they have effect on 30th November 2010”;
(b) omit regulations 2(3), (4), (5), (7) and 3 to 8;
(c) in regulation 9(6)(d), after “section 13 of the Act,”, insert “or by virtue of the Common Land (Rectification of Registers) Act 1989”; and
(d) omit Schedules 1 and 2.

## 5 Amendment of the Commons Registration (New Land) Regulations 1969

In the definition of “the General Regulations”, in regulation 2(2) of the Commons Registration (New Land) Regulations 1969, for “as amended”, substitute “as they have effect on 30th November 2010”.

## Signature

Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st September 2010
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
22nd September 2010

## Schedule: Revocations

## 1 Regulations applying to England and Wales

Column 1
Column 2
Column 3
Regulations
References
Extent of revocation
The Commons Registration (Publicity) Regulations 1966
S.I. 1966/972
The whole Regulations
The Commons Registration (General) (Amendment) Regulations 1968
S.I. 1968/658
Regulation 4
In the Schedule, paragraphs 2, 6, 7, 8 and 9
The Commons Registration (Objections and Maps) (Amendment) Regulations 1970
S.I. 1970/384
The whole Regulations
The Commons Commissioners Regulations 1971
S.I. 1971/1727
The whole Regulations
The Commons Registration (Second Period References) Regulations 1973
S.I. 1973/815
The whole Regulations

## 2 Regulations applying to England only

Column 1
Column 2
Column 3
Regulations
References
Extent of revocation
The Commons Registration (Objection and Maps) (Amendment) (England) Regulations 2007
S.I. 2007/540
The whole Regulations
The Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007
S.I. 2007/2404
The whole Regulations

## 3 Regulations applying to Wales only

Column 1
Column 2
Column 3
Regulations
References
Extent of revocation
The Commons Registration (General) (Amendment) (Wales) Regulations 2007
S.I. 2007/2597 (W.220)
The whole Regulations

## Explanatory note

(This note is not part of the Regulations)
These Regulations revoke with effect from 30th November 2010 several instruments which relate to provisional registration under the Commons Registration Act 1965 (“the 1965 Act”). The following Regulations are revoked entirely:
(a) the Commons Registration (Publicity) Regulations 1966 (S.I. 1966/972);
(b) the Commons Registration (Objections and Maps) (Amendment) Regulations 1970 (S.I. 1970/384);
(c) the Commons Commissioners Regulations 1971 (S.I. 1971/1727);
(d) the Commons Registration (Second Period References) Regulations 1973 (S.I. 1973/815);
(e) the Commons Registration (Objection and Maps) (Amendment) (England) Regulations 2007 (S.I. 2007/540);
(f) the Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007 (S.I. 2007/2404); and
(g) the Commons Registration (General) (Amendment) (Wales) Regulations 2007 (S.I. 2007/2597, W.220).
The revoked regulations cease to have any purpose following the expiry of the time period for submitting applications for provisional registration under the 1965 Act and the determination of all provisional registrations referred to the Commons Commissioners under that Act.
These Regulations also make consequential amendments and revocations of certain provisions of the Commons Registration (General) Regulations 1966 (S.I. 1966/1471), the Commons Registration (General) (Amendment) Regulations 1968 (S.I. 1968/658), the Commons Registration (Objections and Maps) Regulations 1968 (S.I. 1968/989) and the Commons Registration (New Land) Regulations 1969 (S.I. 1969/1843).
A full impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2010/2357 (the official version)
Page: https://openlegislation.uk/commons-registration-amendment-and-miscellaneous-revocations-regulations-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

