5(1)Section 52 of the 1981 Act (interpretation of Part II) is amended as follows.E+W
(2)In subsection (1), after the definition of “the Nature Conservancy Councils” there is inserted—
““notice” and “notification” mean notice or notification in writing;
“site of special scientific interest” means an area of land which has been notified under section 28(1)(b);”.
(3)In subsection (2), after “district planning authority” there is inserted “ and, in sections 28 to 28D, shall also be construed in accordance with section 28(10); ”.
(4)After subsection (2) there is inserted—
“(2A)Where a notification under section 28(1)(b) has been—
(a)modified under section 28(5)(b),
(b)varied under section 28A(3), or
(c)varied with modifications under section 28A(5)(b),
(d)extended under section 28B(2), or
(e)extended with modifications by virtue of section 28B(7),
a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered.
(2B)References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9).
(2C)For the purposes of this Part, in relation to land in England and Wales which is common land, “occupier” includes the commoners or any of them; and
(a)“common land” means common land as defined in section 22 of the M1Commons Registration Act 1965; and
(b)“commoner” means a person with rights of common as defined in that section.”
Marginal Citations