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.
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)
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
I2Sch. 2 para. 4 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)