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SCHEDULES

SCHEDULE 3E+WRegistration: transitional provision

Transitional period for updating registersE+W

2(1)Regulations may make provision for commons registration authorities, during a period specified in the regulations (“the transitional period”), to amend their registers of common land and town or village greens in consequence of qualifying events which were not registered under the 1965 Act.E+W

(2)The following are qualifying events for the purposes of this Schedule—

(a)the creation of a right of common (by any means, including prescription), where occurring in relation to land to which this Part applies at any time—

(i)after 2 January 1970; and

(ii)before the commencement of this paragraph;

(b)any relevant disposition in relation to a right of common registered under the 1965 Act, or any extinguishment of such a right, where occurring at any time—

(i)after the date of the registration of the right under that Act; and

(ii)before the commencement of this paragraph;

(c)a disposition occurring before the commencement of this paragraph by virtue of any relevant instrument in relation to land which at the time of the disposition was registered as common land or a town or village green under the 1965 Act;

(d)the giving of land in exchange for any land subject to a disposition referred to in paragraph (c).

(3)In sub-paragraph (2)(b) “relevant disposition” means—

(a)the surrender of a right of common;

(b)the variation of a right of common;

(c)in the case of a right of common attached to land, the apportionment or severance of the right;

(d)in the case of a right not attached to land, the transfer of the right.

(4)In sub-paragraph (2)(c) “relevant instrument” means—

(a)any order, deed or other instrument made under or pursuant to the Acquisition of Land Act 1981 (c. 67);

(b)a conveyance made for the purposes of section 13 of the New Parishes Measure 1943 (No. 1);

(c)any other instrument made under or pursuant to any enactment.

(5)Regulations under this paragraph may include provision for commons registration authorities to amend their registers as specified in sub-paragraph (1)—

(a)on the application of a person specified in the regulations; or

(b)on their own initiative.

(6)Regulations under sub-paragraph (5)(b) may include provision requiring a commons registration authority to take steps to discover information relating to qualifying events, including in particular requiring an authority to—

(a)carry out a review of information already contained in a register of common land or town or village greens;

(b)publicise the review;

(c)invite persons to supply information for, or to apply for amendment of, the register.

Commencement Information

I1Sch. 3 para. 2 partly in force; Sch. 3 para. 2 not in force at Royal Assent see s. 56(1); Sch. 3 para. 2(1)(5)(6) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

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

I3Sch. 3 para. 2 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(f) (with art. 5)

3At the end of the transitional period, any right of common which—

(a)is not registered in a register of common land or town or village greens, but

(b)was capable of being so registered under paragraph 2,

is by virtue of this paragraph at that time extinguished.

Modifications etc. (not altering text)

Commencement Information

I4Sch. 3 para. 3 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(g), Sch. (with art. 3)

I5Sch. 3 para. 3 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(f) (with art. 5)

4(1)Regulations may make provision for commons registration authorities to amend their registers of common land or town or village greens after the end of the transitional period, in circumstances specified in the regulations, in consequence of qualifying events.E+W

(2)Regulations under this paragraph may provide that paragraph 3 is to be treated as not having applied to any right of common which is registered pursuant to the regulations.

Commencement Information

I6Sch. 3 para. 4 partly in force; Sch. 3 para. 4 not in force at Royal Assent see s. 56(1); Sch. 3 para. 4 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I7Sch. 3 para. 4 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(g), Sch. (with art. 3)

I8Sch. 3 para. 4 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(f) (with art. 5)

5Regulations under paragraph 2 or 4 may in particular include provision as to what is or is not to be regarded as severance of a right of common for the purposes of those regulations.

Commencement Information

I9Sch. 3 para. 5 partly in force; Sch. 3 para. 5 not in force at Royal Assent see s. 56(1); Sch. 3 para. 5 in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2

I10Sch. 3 para. 5 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(g), Sch. (with art. 3)

I11Sch. 3 para. 5 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(f) (with art. 5)