SCHEDULES

SCHEDULE 4Works: supplementary

Transitional provision

6

In its application to any works carried out on or after 28 June 2005 but before the day on which section 38(1) above comes into force, section 194(2) of the Law of Property Act 1925 (c. 20) shall have effect as if the words “interested in the common” were omitted.

Annotations:
Commencement Information

I1Sch. 4 para. 6 wholly in force at 6.9.2007; Sch. 4 para. 6 not in force at Royal Assent see s. 56(1); Sch. 4 para. 6 in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(f); Sch. 4 para. 6 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

7

The prohibition in section 38(1) does not apply to works carried out in connection with the taking or working of minerals if—

(a)

the works were granted planning permission under any enactment before the commencement of section 38;

(b)

the works are carried out in accordance with that planning permission in the period allowed for the works to be carried out (subject to any extension of time granted before or after the commencement of that section).