# The Works on Common Land, etc. (Procedure) (England) Regulations 2007, Regulation 2: Scope and interpretation

Extent: E+W

(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;
(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 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; and
(d) regulation 23 applies to applications to the Secretary of State under section 15 of the New Parishes Measure 1943.
(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;
“ 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—
(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
(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;
“inspector” means—
(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;
(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).

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Source: https://www.legislation.gov.uk/uksi/2007/2588/regulation/2 (the official version)
Page: https://openlegislation.uk/works-on-common-land-etc-procedure-england-regulations-2007/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

