Commons Bill [HL]

House of Commons

Session 2005 - 06
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Commons Bill [HL]

Commons Bill [HL]
Schedule 5 — Minor and consequential amendments
42

Schedule 5
Section 49

Minor and consequential amendments
Countryside Act 1968 (c. 41)
1     (1)
The Countryside Act 1968 is amended as follows.
      (2)
In section 9(6), for the definition of “common land” substitute—
5
““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
10
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)
15
2
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
20
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
25
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)
3
In section 52(2C) of the Wildlife and Countryside Act 1981—
(a)
for “common land” (in the first place where it occurs) substitute
30
“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 association established under Part 2 of the Commons Act
35
2006 for that land”.
Norfolk and Suffolk Broads Act 1988 (c. 4)
4
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”.
40

Commons Bill [HL]
Schedule 5 — Minor and consequential amendments
43

Criminal Justice and Public Order Act 1994 (c. 33)
5
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
5
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;”;
10
(b)
in the definition of “commoner”, for the words from “as defined” to
the end substitute “as so defined;”;
(c)
in the definition of “the local authority”, for “section 9 of the
Commons Registration Act 1965” substitute “section 45 of the
Commons Act 2006”.
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Environment Act 1995 (c. 25)
6
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”;
(b)
in sub-paragraph (6), for “the Commons Registration Act 1965”
20
substitute “Part 1 of the Commons Act 2006”.
Countryside and Rights of Way Act 2000 (c. 37)
7     (1)
The Countryside and Rights of Way Act 2000 is amended as follows.
      (2)
In section 1, in subsection (3)—
(a)
for paragraph (a) substitute “land which is registered as common
25
land in a register of common land kept under Part 1 of the Commons
Act 2006.”;
(b)
omit paragraph (b).
      (3)
In that section, omit subsection (4).
      (4)
In section 45(1), in the definition of “rights of common”, for “the Commons
30
Registration Act 1965” substitute “the Commons Act 2006”.
      (5)
In section 46(2), for “section” substitute “subsection”.
Land Registration Act 2002 (c. 9)
8     (1)
The Land Registration Act 2002 is amended as follows.
      (2)
In section 27(2)(d), for “the Commons Registration Act 1965 (c. 64)”
35
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”.
40

Commons Bill [HL]
Schedule 6 — Repeals
Part 1 — Repeals relating to registration
44

Schedule 6
Section 50

Repeals
Part 1
Repeals relating to registration

Short title and chapter
Extent of repeal

5

Commons Registration Act 1965
The whole Act.

(c. 64)

Parliamentary Commissioner
In Schedule 4, the paragraph relating to

Act 1967 (c. 13)
Commons Commissioners.

Local Government Act 1972
Section 189(1) and (2).

10

(c. 70)

Local Government Act 1985
In Schedule 8, paragraph 10(6).

(c. 51)

Dartmoor Commons Act 1985
Section 8.

(c. xxxvii)

15

Common Land (Rectification of
The whole Act.

Registers) Act 1989 (c. 18)

Courts and Legal Services Act
In Schedule 10, paragraph 26.

1990 (c. 41)

Tribunals and Inquiries Act
In Schedule 1, in Part 1, the entry relating to

20

1992 (c. 53)
Commons Commissioners and assessors.

Judicial Pensions and
In Schedule 6, paragraph 26.

Retirement Act 1993 (c. 8)

Countryside and Rights of Way
Section 1(3)(b) and (4).

Act 2000 (c. 37)
Section 46(1).

25

Section 98.

Land Registration Act 2002
In Schedule 11, paragraph 7.

(c. 9)

Greenham and Crookham
Section 33(1).

Commons Act 2002 (c. i)

30

Constitutional Reform Act 2005
In Schedule 7, in paragraph 4, the entry relating

(c. 4)
to the Commons Registration Act 1965.

In Schedule 14, in Part 3, the entries relating

to—

(a)
Commons Commissioner and Chief

35

Commons Commissioner; and

(b)
Substitute Chief Commons

Commissioner.

Commons Bill [HL]
Schedule 6 — Repeals
Part 3 — Repeals relating to approvement and inclosure
45

Part 2
Repeals relating to works

Short title and chapter
Extent of repeal

Metropolitan Commons Act
Section 21.

1866 (c. 122)

5

Commons Act 1876 (c. 56)
In section 30, the words from “Any person

aggrieved” to the end of the section.

Section 36.

Commons Act 1899 (c. 30)
Section 21.

Law of Property Act 1925 (c. 20)
Section 194.

10

Administration of Justice
In the Schedule, the reference to subsection (2)

(Appeals) Act 1934 (c. 40)
of section 194 of the Law of Property Act

1925.

Compulsory Purchase Act 1965
In Schedule 7, the entry relating to the

(c. 56)
Commons Act 1899.

15

Ministry of Housing and Local
In article 12 of the Schedule—

Government Provisional
(a)
in paragraph (1), the words “(which

Order Confirmation (Greater
consent the Minister may give in such

London Parks and Open
cases as he thinks fit)”; and

Spaces) Act 1967 (c. xxix)
(b)
paragraph (3).

20

In article 17(2) of the Schedule, the words from

“and the Minister” to the end.

National Trust Act 1971 (c. vi)
In section 23(2), the words from “, and in

giving” to the end.

Norfolk and Suffolk Broads Act
In Schedule 3, paragraph 38(1)(b).

25

1988 (c. 4)

Local Government (Wales) Act
In Schedule 16, paragraph 7(2).

1994 (c. 19)

Environment Act 1995 (c. 25)
In Schedule 9, paragraph 1(2)(b).

Communications Act 2003
In Schedule 17, paragraph 3.

30

(c. 21)

Part 3
Repeals relating to approvement and inclosure

Short title and chapter
Extent of repeal

Commons Act 1285 (13 Edw 1
The whole Act.

35

c. 46)

Gifts for Churches Act 1811
Section 2.

(c. 115)

School Sites Act 1841 (c. 38)
In section 2, the words from “Provided also, that

where any portion” to “such conveyance;”.

40

Inclosure Act 1845 (c. 118)
Section 147.

Inclosure Act 1847 (c. 111)
Section 4.

Commons Bill [HL]
Schedule 6 — Repeals
Part 3 — Repeals relating to approvement and inclosure
46

Short title and chapter
Extent of repeal

Literary and Scientific
In section 1, the words from “Provided also” to

Institutions Act 1854 (c. 112)
the end.

Inclosure Act 1857 (c. 31)
Sections 4 and 5.

Law of Commons Amendment
The whole Act.

5

Act 1893 (c. 57)

Commons Act 1899 (c. 30)
In Schedule 1, the references to—

(a)
the Poor Relief Act 1601;

(b)
the Gifts for Churches Act 1811;

(c)
the Church Building Act 1818;

10

(d)
the Poor Relief Act 1831;

(e)
the Crown Lands Allotments Act 1831;

(f)
the Union and Parish Property Act 1835;

(g)
the School Sites Act 1841;

(h)
the Literary and Scientific Institutions

15

Act 1854.