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3(1)Section 29 of the National Trust Act 1907 (c. cxxxvi) (powers exercisable over common or commonable land) is amended as follows.E+W
(2)Renumber the existing provision as subsection (1).
(3)In that subsection, for “consists of common or commonable land” substitute “ is land to which this section applies ”.
(4)After that subsection insert—
“(2)This section applies to—
(a)any land registered as common land;
(b)land not so registered which is—
(i)regulated by an Act made under the Commons Act 1876 confirming a provisional order of the Inclosure Commissioners; or
(ii)subject to a scheme under the Metropolitan Commons Act 1866 or the Commons Act 1899; and
(c)land not falling within paragraph (a) or (b) which is in the New Forest and is subject to rights of common.”
4(1)Section 23 of the National Trust Act 1971 (c. vi) (powers over common land) is amended as follows.E+W
(2)In subsection (2), omit the words from “, and in giving” to the end.
(3)After that subsection insert—
“(2A)Sections 39 and 40 of the Commons Act 2006 apply in relation to an application for consent under subsection (2) of this section as they apply in relation to an application for consent under section 38(1) of that Act.
(2B)Section 41 of that Act applies in relation to the carrying out of works in contravention of subsection (2) of this section as it applies to works carried out in contravention of section 38(1) of that Act (and as if references to consent under that provision were to consent under subsection (2) of this section).
(2C)Nothing in section 38 of the Commons Act 2006 applies in relation to land to which section 29 of the Act of 1907 applies.”
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