Chwilio Deddfwriaeth

Commons Act 2006

Statws

Golwg cyfnod mewn amser fel yr oedd ar 20/09/2017.

Newidiadau i ddeddfwriaeth:

Ar hyn o bryd nid oes unrhyw effeithiau heb eu gweithredu yn hysbys ar gyfer y Commons Act 2006, SCHEDULE 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 22

SCHEDULE 2E+WNon-registration or mistaken registration under the 1965 Act

This schedule has no associated Nodiadau Esboniadol

IntroductoryE+W

1In this Schedule “the 1965 Act” means the Commons Registration Act 1965 (c. 64).

Modifications etc. (not altering text)

Commencement Information

I1Sch. 2 para. 1 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I2Sch. 2 para. 1 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3 (with arts. 4, 5)

I3Sch. 2 para. 1 in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

Non-registration of common landE+W

2(1)If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.E+W

(2)This paragraph applies to any land which—

(a)was not at any time finally registered as common land or as a town or village green under the 1965 Act;

(b)is land which is—

(i)regulated by an Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners;

(ii)subject to a scheme under Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30);

(iii)regulated as common land under a local or personal Act; or

(iv)otherwise recognised or designated as common land by or under an enactment;

(c)is land to which this Part applies; and

(d)satisfies such other conditions as regulations may specify.

(3)A commons registration authority may only register 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.

Modifications etc. (not altering text)

Commencement Information

I4Sch. 2 para. 2 partly in force; Sch. 2 para. 2 not in force at Royal Assent see s. 56(1); Sch. 2 para. 2(2)(d)(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I5Sch. 2 para. 2 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I6Sch. 2 para. 2 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(e) (with art. 5)

I7Sch. 2 para. 2(1)(2)(a)-(c) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I8Sch. 2 para. 2(2)(d)(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)

Non-registration of town or village greenE+W

3(1)If a commons registration authority is satisfied that any land not registered as a town or village green or as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as a town or village green in its register of town or village greens.E+W

(2)This paragraph applies to any land which—

(a)on 31 July 1970 was land allotted by or under any Act for the exercise or recreation of the inhabitants of any locality;

(b)was not at any time finally registered as a town or village green or as common land under the 1965 Act;

(c)continues to be land allotted as specified in paragraph (a);

(d)is land to which this Part applies; and

(e)satisfies such other conditions as regulations may specify.

(3)A commons registration authority may only register 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.

Modifications etc. (not altering text)

Commencement Information

I9Sch. 2 para. 3 partly in force; Sch. 2 para. 3 not in force at Royal Assent see s. 56(1); Sch. 2 para. 3(2)(e)(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I10Sch. 2 para. 3 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I11Sch. 2 para. 3 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(e) (with art. 5)

I12Sch. 2 para. 3(1)(2)(a)-(d) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I13Sch. 2 para. 3(2)(e)(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)

Waste land of a manor not registered as common landE+W

4(1)If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.E+W

(2)This paragraph applies to land which at the time of the application under sub-paragraph (1) is waste land of a manor and where, before the commencement of this paragraph—

(a)the land was provisionally registered as common land under section 4 of the 1965 Act;

(b)an objection was made in relation to the provisional registration; and

(c)the provisional registration was cancelled in the circumstances specified in sub-paragraph (3), (4) or (5).

(3)The circumstances in this sub-paragraph are that—

(a)the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;

(b)the Commissioner determined that, although the land had been waste land of a manor at some earlier time, it was not such land at the time of the determination because it had ceased to be connected with the manor; and

(c)for that reason only the Commissioner refused to confirm the provisional registration.

(4)The circumstances in this sub-paragraph are that—

(a)the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;

(b)the Commissioner determined that the land was not subject to rights of common and for that reason refused to confirm the provisional registration; and

(c)the Commissioner did not consider whether the land was waste land of a manor.

(5)The circumstances in this sub-paragraph are that the person on whose application the provisional registration was made requested or agreed to its cancellation (whether before or after its referral to a Commons Commissioner).

(6)A commons registration authority may only register 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.

Modifications etc. (not altering text)

Commencement Information

I14Sch. 2 para. 4 partly in force; Sch. 2 para. 4 not in force at Royal Assent see s. 56(1); Sch. 2 para. 4(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I15Sch. 2 para. 4 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I16Sch. 2 para. 4 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(e) (with art. 5)

I17Sch. 2 para. 4(1)-(5) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I18Sch. 2 para. 4(6) in force at 10.4.2017 for W. in so far as not already in force by S.I. 2017/564, art. 3(c)

Town or village green wrongly registered as common landE+W

5(1)If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land and register it in its register of town or village greens.E+W

(2)This paragraph applies to land where—

(a)the land was provisionally registered as common land under section 4 of the 1965 Act;

(b)the provisional registration became final; but

(c)immediately before its provisional registration, the land was a town or village green within the meaning of that Act as originally enacted.

(3)A commons registration authority may only remove and register 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.

Modifications etc. (not altering text)

Commencement Information

I19Sch. 2 para. 5 partly in force; Sch. 2 para. 5 not in force at Royal Assent see s. 56(1); Sch. 2 para. 5(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I20Sch. 2 para. 5 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I21Sch. 2 para. 5 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(e) (with art. 5)

I22Sch. 2 para. 5(1)(2) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I23Sch. 2 para. 5(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)

Buildings registered as common landE+W

6(1)If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of common land.E+W

(2)This paragraph applies to land where—

(a)the land was provisionally registered as common land 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.

(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.

Modifications etc. (not altering text)

Commencement Information

I24Sch. 2 para. 6 partly in force; Sch. 2 para. 6 not in force at Royal Assent see s. 56(1); Sch. 2 para. 6(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I25Sch. 2 para. 6 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I26Sch. 2 para. 6 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3 (with arts. 4, 5)

I27Sch. 2 para. 6(1)(2) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I28Sch. 2 para. 6(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)

Other land wrongly registered as common landE+W

7(1)If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land.E+W

(2)This paragraph applies to land where—

(a)the land was provisionally registered as common land under section 4 of the 1965 Act;

(b)the provisional registration of the land as common land was not referred to a Commons Commissioner under section 5 of the 1965 Act;

(c)the provisional registration became final; and

(d)immediately before its provisional registration the land was not any of the following—

(i)land subject to rights of common;

(ii)waste land of a manor;

(iii)a town or village green within the meaning of the 1965 Act as originally enacted; or

(iv)land of a description specified in section 11 of the Inclosure Act 1845 (c. 118).

(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.

Modifications etc. (not altering text)

Commencement Information

I29Sch. 2 para. 7 partly in force; Sch. 2 para. 7 not in force at Royal Assent see s. 56(1); Sch. 2 para. 7(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I30Sch. 2 para. 7 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I31Sch. 2 para. 7 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3 (with arts. 4, 5)

I32Sch. 2 para. 7(1)(2) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I33Sch. 2 para. 7(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)

Buildings registered as town or village greenE+W

8(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.E+W

(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.

(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.

Modifications etc. (not altering text)

Commencement Information

I34Sch. 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

I35Sch. 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)

I36Sch. 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)

I37Sch. 2 para. 8(1)(2) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I38Sch. 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)

Other land wrongly registered as town or village greenE+W

9(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 the land from its register of town or village greens.E+W

(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)the provisional registration of the land as a town or village green was not referred to a Commons Commissioner under section 5 of the 1965 Act;

(c)the provisional registration became final; and

(d)immediately before its provisional registration the land was not—

(i)common land within the meaning of that Act; or

(ii)a town or village green.

(3)For the purposes of sub-paragraph (2)(d)(ii), land is to be taken not to have been a town or village green immediately before its provisional registration if (and only if)—

(a)throughout the period of 20 years preceding the date of its provisional registration the land was, by reason of its physical nature, unusable by members of the public for the purposes of lawful sports and pastimes; and

(b)immediately before its provisional registration the land was not, and at the time of the application under this paragraph still is not, allotted by or under any Act for the exercise or recreation of the inhabitants of any locality.

(4)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.

Modifications etc. (not altering text)

Commencement Information

I39Sch. 2 para. 9 partly in force; Sch. 2 para. 9 not in force at Royal Assent see s. 56(1); Sch. 2 para. 9(4) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I40Sch. 2 para. 9 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I41Sch. 2 para. 9 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3 (with arts. 4, 5)

I42Sch. 2 para. 9(1)-(3) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I43Sch. 2 para. 9(4) in force at 10.4.2017 for W. in so far as not already in force by S.I. 2017/564, art. 3(c)

CostsE+W

10(1)Regulations may make provision as to the payment of costs which pursuant to an application under this Schedule are incurred by the applicant, an objector or the person determining the application.E+W

(2)That provision may in particular include provision—

(a)for the payment of costs by the applicant, an objector or a commons registration authority;

(b)for the person determining an application or the appropriate national authority to determine who is liable to pay costs and how much they are liable to pay.

Modifications etc. (not altering text)

Commencement Information

I44Sch. 2 para. 10 partly in force; Sch. 2 para. 10 not in force at Royal Assent see s. 56(1); Sch. 2 para. 10 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I45Sch. 2 para. 10 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)

I46Sch. 2 para. 10 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3 (with arts. 4, 5)

I47Sch. 2 para. 10 in force at 10.4.2017 for W. in so far as not already in force by S.I. 2017/564, art. 3(c)

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill