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SCHEDULES

SCHEDULE 2E+WNon-registration or mistaken registration under the 1965 Act

Waste land of a manor not registered as common landE+W

4(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 land which at the time of the application under sub-paragraph (1) is waste land of a manor and where, before the commencement of this paragraph—

(a)the land was provisionally registered as common land under section 4 of the 1965 Act;

(b)an objection was made in relation to the provisional registration; and

(c)the provisional registration was cancelled in the circumstances specified in sub-paragraph (3), (4) or (5).

(3)The circumstances in this sub-paragraph are that—

(a)the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;

(b)the Commissioner determined that, although the land had been waste land of a manor at some earlier time, it was not such land at the time of the determination because it had ceased to be connected with the manor; and

(c)for that reason only the Commissioner refused to confirm the provisional registration.

(4)The circumstances in this sub-paragraph are that—

(a)the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;

(b)the Commissioner determined that the land was not subject to rights of common and for that reason refused to confirm the provisional registration; and

(c)the Commissioner did not consider whether the land was waste land of a manor.

(5)The circumstances in this sub-paragraph are that the person on whose application the provisional registration was made requested or agreed to its cancellation (whether before or after its referral to a Commons Commissioner).

(6)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.

Commencement Information

I1Sch. 2 para. 4 partly in force; Sch. 2 para. 4 not in force at Royal Assent see s. 56(1); Sch. 2 para. 4(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2