Commons Act 2006

Town or village green wrongly registered as common land E+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immediately before its provisional registration, the land was a town or village green within the meaning of that Act as originally enacted.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)

C1 Sch. 2 para. 5 extended and modified (temp.) by S.I. 2017/564, art. 4 (as added) (20.9.2017) by The Commons Act 2006 (Commencement No. 5 and Transitional Provisions (Wales) and Commencement No. 4 (Wales) (Amendment)) Order 2017 (S.I. 2017/933), art. 5(1)(2)

Commencement Information

I1 Sch. 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

I2 Sch. 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)

I3 Sch. 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)

I4 Sch. 2 para. 5(1)(2) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)

I5 Sch. 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)