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8.—(1) Where the registration authority grants an application, it must make the necessary registration, following as closely as possible Model Entry No. 4 with such variations and adaptations as the circumstances may require, but with the substitution, for the words “(Registration provisional.)”, of the words “(Registration under section 15 of the Commons Act 2006.)”.
(2) The provisions of paragraphs (2) to (6) of General Regulation 10 apply to registrations under these Regulations as they apply to registrations made pursuant to the General Regulations with the following modifications—
(a)in paragraph (2), after the words “Form 2, and”, insert “, to the extent required,”; and
(b)in paragraph (5), the words “for the Register of Common Land shall bear the prefix CL, and every such number” shall not apply.
(3) The provisions of regulation 9 of the Commons Registration (Objections and Maps) Regulations 1968(1) (changes as to provisional register maps) apply for the purposes of section 15 of the 2006 Act as they apply for the purposes of section 4 of the Commons Registration Act 1965(2) with the following modifications—
(a)paragraphs (1), (2) and (3) shall not apply;
(b)“new map” means any map taken into use for the purpose of this regulation;
(c)in paragraph (4) for the words “six inches to one mile”, substitute “1:2,500”.
(4) Each new map taken into use must be stamped by, and signed on behalf of, the registration authority, and shall then form part of the register.
(5) Where the land which is the subject of an application is already registered as common land in the register of common land, the registration authority must, in addition—
(a)where rights of common are entered in that register, make a corresponding entry in the register of town or village greens; and
(b)modify the entry in the register of common land so that the land which is the subject of the application ceases to be registered as common land.
(6) Where a registration authority has made a registration under this regulation, it must file the application form and any plan and return all other documents which accompanied the application to the applicant.
(7) In this regulation—
(a)“Model Entry No. 4” means the specimen entry so numbered in Part I of Schedule 2 to the General Regulations; and
(b)“register of common land” and “register of town or village greens” refer to the registers maintained by a registration authority pursuant to section 3 of the 1965 Act(3).
By article 4 of the Commons Act 2006 (Commencement No. 2, Transitional Provisions and Savings) (England) Order 2007/456, a green complying with the criteria for registration under section 15 of the 2006 Act is to be entered in the register maintained by a registration authority pursuant to the 1965 Act.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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