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High Speed Rail (London - West Midlands) Act 2017

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This is the original version (as it was originally enacted).

Amendments to registers of common land or town or village greens

This section has no associated Explanatory Notes

8(1)This paragraph applies where—

(a)the Secretary of State acquires land within the Act limits for Phase One purposes, or

(b)the Secretary of State acquires a right, or imposes a restrictive covenant, over land within the Act limits.

(2)The Secretary of State must notify the commons registration authority of the acquisition or (in the case of a restrictive covenant) imposition if it relates to—

(a)land registered in a register of common land as common land,

(b)land registered in a register of town or village greens as a town or village green, or

(c)a right of common registered in relation to land within paragraph (a) or (b).

(3)A notice under sub-paragraph (2) must include—

(a)a copy of this Schedule,

(b)a copy of the instrument by which the acquisition or imposition was effected,

(c)the number of the register unit and (where applicable) the number of the rights section entry in the register of common land or of town or village greens to which the notice relates, and

(d)a description of the amendment required to the register in question in consequence of the acquisition or imposition.

(4)Sub-paragraph (5) applies where, in connection with the acquisition or imposition—

(a)other land is given in exchange, or

(b)other land is to be made subject to a right of common equivalent to a right of common extinguished by virtue of paragraph 2.

(5)The notice under sub-paragraph (2) must contain—

(a)details of the land being given or the right of common being granted, and

(b)an application for (as the case may be)—

(i)the registration of the land as common land or as a town or village green, or

(ii)the registration of the right being granted.

(6)The commons registration authority must make such amendments as may be necessary to a register in consequence of sub-paragraph (2) (including any amendments necessary in consequence of sub-paragraph (5)).

(7)Nothing in—

(a)regulations under section 14 of the Commons Act 2006, or

(b)regulations under section 13 of the Commons Registration Act 1965,

applies to an acquisition or imposition mentioned in sub-paragraph (1).

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