SCHEDULES

SCHEDULE 5Minor and consequential amendments

Section 52

Countryside Act 1968 (c. 41)

I41

1

The Countryside Act 1968 is amended as follows.

2

In section 9(6), for the definition of “common land” substitute—

common land” means—

a

land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006;

b

land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

3

In Schedule 2, in paragraph 7, for the words from “section 22(1)” to the end substitute “ the principal section ”.

Animals Act 1971 (c. 22)

I52

In section 11 of the Animals Act 1971, for the definitions of “common land” and “town or village green” substitute—

common land” means—

a

land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006;

b

land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

town or village green” means land registered as a town or village green in a register of town or village greens kept under Part 1 of the Commons Act 2006;

Wildlife and Countryside Act 1981 (c. 69)

I7I153

In section 52(2C) of the Wildlife and Countryside Act 1981—

a

for “common land” (in the first place where it occurs) substitute “ subject to rights of common (within the meaning of the Commons Act 2006) ”;

b

for the words from “the commoners” to the end of the subsection substitute “ the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land ”.

Norfolk and Suffolk Broads Act 1988 (c. 4)

I14

In Schedule 3 to the Norfolk and Suffolk Broads Act 1988, in paragraph 38(1)(d), for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”.

Annotations:
Commencement Information
I1

Sch. 5 para. 4 wholly in force at 6.9.2007; Sch. 5 para. 4 not in force at Royal Assent see s. 56(1); Sch. 5 para. 4 in force for E. at 20.2.2007 by S.I. 2007/456, art. 2; Sch. 5 para. 4 in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

Criminal Justice and Public Order Act 1994 (c. 33)

I65

In section 61(9) of the Criminal Justice and Public Order Act 1994—

a

for the definition of “common land” substitute—

common land” means—

a

land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; and

b

land to which Part 1 of that Act does not apply and which is subject to rights of common as defined in that Act;

b

in the definition of “commoner”, for the words from “as defined” to the end substitute “ as so defined; ”;

I16c

in the definition of “the local authority”, for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”.

Environment Act 1995 (c. 25)

I26

In Schedule 9 to the Environment Act 1995, in paragraph 1—

a

in sub-paragraph (2)(d), for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”;

I8I12b

in sub-paragraph (6), for “the Commons Registration Act 1965” substitute “ Part 1 of the Commons Act 2006 ”.

Annotations:
Commencement Information
I2

Sch. 5 para. 6 partly in force; Sch. 5 para. 6 not in force at Royal Assent see s. 56(1); Sch. 5 para. 6(a) in force for E. at 20.2.2007 by S.I. 2007/456, art. 2; Sch. 5 para. 6(a) in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

I8

Sch. 5 para. 6(b) in force at 31.10.2011 for specified purposes for E. by S.I. 2011/2460, art. 2(b)

I12

Sch. 5 para. 6(b) in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(h) (with art. 5)

Countryside and Rights of Way Act 2000 (c. 37)

I37

I10I131

The Countryside and Rights of Way Act 2000 is amended as follows.

I9I132

In section 1, in subsection (3)—

a

for paragraph (a) substitute “ land which is registered as common land in a register of common land kept under Part 1 of the Commons Act 2006. ”;

b

omit paragraph (b).

I9I133

In that section, omit subsection (4).

I9I134

In section 45(1), in the definition of “rights of common”, for “the Commons Registration Act 1965” substitute “ the Commons Act 2006 ”.

5

In section 46(2), for “section” substitute “ subsection ”.

Annotations:
Commencement Information
I3

Sch. 5 para. 7 partly in force; Sch. 5 para. 7 not in force at Royal Assent, see s. 56(1); Sch. 5 para. 7(1) in force for certain purposes for E. and Sch. 5 para. 7(5) in force for E. at 1.10.2006 by S.I. 2006/2504, art. 2(g); Sch. 5 para. 7(1) in force for certain purposes for W. and Sch. 5 para. 7(5) in force for W. at 6.9.2007 by S.I. 2007/2386, art. 3

I10

Sch. 5 para. 7(1) in force at 31.10.2011 for specified purposes for E. by S.I. 2011/2460, art. 2(b)

I13

Sch. 5 para. 7(1)-(4) in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3(1)(h) (with art. 5)

I9

Sch. 5 para. 7(2)-(4) in force at 31.10.2011 for specified purposes for E. by S.I. 2011/2460, art. 2(b)

Land Registration Act 2002 (c. 9)

I11I148

1

The Land Registration Act 2002 is amended as follows.

2

In section 27(2)(d), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.

3

In section 33(d), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.

4

In Schedule 3, in paragraph 3(1), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.