Regulation 2 Scope and interpretation

England and Wales

(1)

In Part 2 of these Regulations—

(a)

regulations 5 to 17 apply to applications to the Secretary of State under section 38(1) of the 2006 Act for consent to carry out restricted works on common land; and

(b)

regulations 18 and 19 apply to applications to the Secretary of State under section 39(5) of the 2006 Act to vary or revoke any modification or condition imposed in relation to a consent granted pursuant to an application under section 38(1).

(2)

In Part 3 of these Regulations—

(a)

regulation 20 applies to applications to the Secretary of State under article 12 of the Order set out in the Schedule to the 1967 Act^f1;

(b)

regulation 21 applies to applications to the Secretary of State under article 17 of the Order set out in the Schedule to the 1967 Act^f2 in the case of any common;

(c)

regulation 22 applies to applications to the Secretary of State under section 23(2) of the National Trust Act 1971^f3; and

(d)

regulation 23 applies to applications to the Secretary of State under section 15 of the New Parishes Measure 1943^f4.

(3)

In these Regulations—

“the 1967 Act” means the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967^f5;
“ the 2006 Act” means the Commons Act 2006;
“common land” means land of a type specified in section 38(5) of the 2006 Act;
“the determining authority” means—
1. (a)
  
  the Secretary of State, where he is exercising functions in relation to the determination of an application of any of the kinds referred to in paragraphs (1) and (2); or
2. (b)
  
  a person who is exercising functions in relation to the determination of such an application pursuant to an appointment under regulation 3(1) (other than an inspector who is appointed to carry out a hearing, inquiry or site inspection but not to determine an application);
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000^f6;
“inspector” means—
1. (a)
  
  where the Secretary of State is the determining authority, a person appointed by the Secretary of State to carry out a hearing, inquiry or site inspection;
2. (b)
  
  where another person is the determining authority, the person who conducts a hearing, inquiry or site inspection;
“notice of application” means a notice containing the details specified in regulation 7(2).

Annotations

Footnotes

f1: 1967 c.xxix, as amended by paragraph 2 of Schedule 4 to the 2006 Act. Sections 39 and 40 of the 2006 Act apply in relation to an application for consent under article 12(1) of the Order set out in the Schedule to the 1967 Act by virtue of article 12(2A) of that Order, as inserted by paragraph 2(3) of Schedule 4 to the 2006 Act.
f2: 1967 c.xxix, as amended by paragraph 2 of Schedule 4 to the 2006 Act. Section 40 of the 2006 Act applies in relation to an application for consent under article 17(2) of the Order set out in the Schedule to the 1967 Act in the case of any common, by virtue of article 17(2A) of that Order, as inserted by paragraph 2(6) of Schedule 4 to the 2006 Act.
f3: 1971 c. vi, as amended by paragraph 4 of Schedule 4 to the 2006 Act. Sections 39 and 40 of the 2006 Act apply in relation to an application under section 23(2) of the National Trust Act 1971 by virtue of section 23(2A) of that Act, as inserted by paragraph 4(3) of Schedule 4 to the 2006 Act.
f4: 1943 No. 1, as amended by paragraph 5 of Schedule 4 to the 2006 Act. Sections 39 and 40 of the 2006 Act apply in relation to an application for consent under section 15 of the New Parishes Measure 1943, by virtue of that section as so amended.
f5: 1967 c.xxix, as amended by paragraph 2 of Schedule 4 to the 2006 Act.
f6: 2000 c.7. The definition of “electronic communication” was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 158.