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The Commons Act 2006 (Commencement No. 1, Transitional Provisions and Savings) (England) Order 2006

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Transitional provisions and savingsE+W

3.—(1) In relation to any area of England, the reference in section 45(1) of the 2006 Act to land being registered as common land or a town or village green shall, until the coming into force of section 1 of that Act in relation to that area, be taken as a reference to land being so registered under the 1965 Act.

(2) Where, before 1st October 2006, a Commons Commissioner makes a direction under section 8(2) or (3) of the 1965 Act for a registration authority to register a person as the owner of land, but the registration authority does not comply with the direction before that date—

(a)the direction shall continue to have effect on and after 1st October 2006 notwithstanding the repeal of section 8(2) and (3); and

(b)if the direction is for a local authority to be registered as the owner of land, on the registration being made section 8(4) of the 1965 Act shall apply as if it had not been repealed.

(3) In relation to any area of England, section 13(a) of the 1965 Act and regulations made under it(1) shall, until the coming into force of section 14 of the 2006 Act in relation to that area, continue to have effect insofar as they relate to land which ceases to be common land or a town or village green by virtue of any instrument made under or pursuant to an enactment.

(4) Where, in relation to any land other than land referred to in paragraph (3)—

(a)an application is made before 1st October 2006 to a registration authority, pursuant to regulations under section 13(a) of the 1965 Act, for land to be removed from the register as a result of that land having ceased to be common land or a town or village green, and

(b)the registration authority does not determine the application before that date,

the registration authority shall continue to deal with the application on and after 1st October 2006 as if section 13(a) had not been repealed.

(1)

Regulation 27 of the Commons Registration (General) Regulations 1966 (S.I. 1966/1471), as amended by S.I. 1968/658, makes provision under section 13(a) of the 1965 Act.

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