Commons Act 2006

[F1 15C Registration of greens: exclusions E+W

(1) The right under section 15(1) to apply to register land F2 ... as a town or village green ceases to apply if an event specified in the first column of the Table set out in [F3 the relevant Schedule] has occurred in relation to the land (“a trigger event”).

(2) Where the right under section 15(1) has ceased to apply because of the occurrence of a trigger event, it becomes exercisable again only if an event specified in the corresponding entry in the second column of the Table [F4 set out in the relevant Schedule] occurs in relation to the land ( “a terminating event”).

(3) The [F5 appropriate national authority] may by order make provision as to when a trigger or a terminating event is to be treated as having occurred for the purposes of this section.

(4) The [F6 appropriate national authority] may by order provide that subsection (1) does not apply in circumstances specified in the order.

(5) The [F7 appropriate national authority] may by order amend [F8 the relevant Schedule] so as to—

(a) specify additional trigger or terminating events;

(b) amend or omit any of the trigger or terminating events for the time being specified in the Schedule.

(6) A trigger or terminating event specified by order under subsection (5)(a) must be an event related to the development (whether past, present or future) of the land.

(7) The transitional provision that may be included in an order under subsection (5)(a) specifying an additional trigger or terminating event includes provision for this section to apply where such an event has occurred before the order is made or before it comes into force and as to its application in such a case.

(8) For the purposes of determining whether an application under section 15 is made within the period mentioned in section 15(3)(c), any period during which an application to register land as a town or village green may not be made by virtue of this section is to be disregarded.]

[F9 (9) In this section “the relevant Schedule” means—

(a) Schedule 1A, in relation to land in England;

(b) Schedule 1B, in relation to land in Wales.]

Textual Amendments

F1 S. 15C inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 16(1), 35(2) (with s. 16(4)(5))

F2 Words in s. 15C(1) omitted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 53(2)(a)(i), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)

F3 Words in s. 15C(1) substituted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 53(2)(a)(ii), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)

F4 Words in s. 15C(2) inserted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 53(2)(b), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)

F5 Words in s. 15C(3) substituted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 53(2)(c), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)

F6 Words in s. 15C(4) substituted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 53(2)(c), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)

F7 Words in s. 15C(5) substituted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 53(2)(d)(i), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)

F8 Words in s. 15C(5) substituted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 53(2)(d)(ii), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)

F9 S. 15C(9) inserted (6.9.2015 for specified purposes, 22.10.2018 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 53(2)(e), 58(2)(b)(4)(b); S.I. 2018/1022, art. 2(a) (with art. 3)