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)
C1Sch. 2 paras. 2-4 excluded (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 49 (with art. 51, Sch. 10 paras. 68, 85)
C2Sch. 2 paras. 2-4 disapplied (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 5 (with arts. 42, 43)
C3Sch. 2 paras. 2-4 excluded (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 5 (with arts. 43, 44)
C4Sch. 2 para. 2 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
I1Sch. 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
I2Sch. 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)
I3Sch. 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)
I4Sch. 2 para. 2(1)(2)(a)-(c) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)
I5Sch. 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)