SCHEDULES

C2C1C3C4C6SCHEDULE 2Non-registration or mistaken registration under the 1965 Act

Annotations:
Modifications etc. (not altering text)

Other land wrongly registered as common land

I1I2I3C57

I41

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.

I42

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a town or village green within the meaning of the 1965 Act as originally enacted; or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

I53

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.