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| | Page 19, line 5 [Clause 33], leave out ‘association’ and insert ‘council’. |
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| | Page 19, line 6 [Clause 33], leave out ‘association’ and insert ‘council’. |
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| | Page 19, line 9 [Clause 33], leave out ‘association’ and insert ‘council’. |
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| | Page 19, line 16 [Clause 33], leave out ‘association’ and insert ‘council’. |
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| | Page 19, line 19 [Clause 33], leave out ‘association’ and insert ‘council’. |
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| | Page 19, line 34 [Clause 34], leave out ‘association’ and insert ‘council’. |
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| | Page 19, line 43 [Clause 34], leave out ‘association’ and insert ‘council’. |
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| | Page 20, line 1 [Clause 34], leave out ‘association’ and insert ‘council’. |
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| | Page 20, line 4 [Clause 34], leave out ‘association’ and insert ‘council’. |
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| | Page 20, line 12 [Clause 35], leave out ‘association’ and insert ‘council’. |
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| | Page 20, line 13 [Clause 35], leave out ‘association’ and insert ‘council’. |
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| | Page 20, line 19 [Clause 35], leave out ‘association’ and insert ‘council’. |
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| | Page 20, line 24 [Clause 35], leave out ‘association’ and insert ‘council’. |
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| | Page 20, line 30 [Clause 36], leave out ‘association’ and insert ‘council’. |
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| | Page 21, line 10 [Clause 37], leave out ‘association’ and insert ‘council’. |
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| | Page 21, line 12 [Clause 37], leave out ‘association’ and insert ‘council’. |
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| | Page 21, line 13 [Clause 37], leave out ‘association’ and insert ‘council’. |
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| | Page 21, line 15 [Clause 37], leave out ‘association’ and insert ‘council’. |
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| | Page 21, line 20 [Clause 37], leave out ‘association’ and insert ‘council’. |
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| | Page 21, line 22 [Clause 37], leave out ‘association’ and insert ‘council’. |
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| | Page 21, line 25 [Clause 37], leave out ‘association’ and insert ‘council’. |
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| | Page 21, line 36 [Clause 38], at end insert— |
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| | | ‘(2A) | Subsection (2)(a) does not include works for the purposes of— |
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| | | (a) | the safety of users of the Common; or |
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| | | | Provided that they are either— |
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| | | (i) | necessary for immediate reasons whilst consent is obtained |
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| | | (ii) | constructed for a limited period as may be specified in |
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| | | Regulations made by the appropriate national authority.’. |
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| | Page 25, line 18 [Clause 43], at end insert— |
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| | | (a) | any land was at any time before the commencement of this section land |
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| | | to which section 194 of the Law of Property Act 1925 (c. 20) applied, but |
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| | | (b) | at any such time that section ceased to apply to the land by virtue of |
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| | | subsection (3)(a) of that section, |
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| | | | the appropriate national authority may by order provide that section 38 is not to |
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| | | apply to the carrying out of works, or works of a description specified in the order, |
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| | Page 25, line 24 [Clause 43], leave out ‘subsection (1) or (5)’ and insert ‘this |
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| | Page 25, line 31 [Clause 44], leave out subsection (2) and insert— |
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| | | ‘(2) | A national authority may for any purpose specified in subsection (2A) by order |
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| | | (a) | any local or personal Act passed before this Act which contains provision |
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| | | for that authority to consent to works on land which is common land; and |
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| | | (b) | any Act made under the Commons Act 1876 (c. 56) confirming a |
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| | | provisional order of the Inclosure Commissioners which contains |
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| | | provision for that authority to consent to works on land to which the Act |
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| | | (2A) | The purposes referred to in subsection (2) are— |
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| | | (a) | that of securing that sections 39 and 40 apply to an application for the |
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| | | consent referred to in paragraph (a) or (b) of subsection (2) as they apply |
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| | | to an application for consent under section 38(1); |
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| | | (b) | that of securing that section 41 applies in relation to the carrying out of |
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| | | works in contravention of the provision referred to in paragraph (a) or (b) |
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| | | of subsection (2) as it applies to works carried out in contravention of |
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| | Page 25, line 34 [Clause 44], after ‘subsection (2)’ insert— |
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| | | ‘“national authority” means— |
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| | | (a) | the Secretary of State; and |
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| | | (b) | the National Assembly for Wales;’. |
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| | Page 25, line 39 [Clause 44], leave out subsections (4) and (5). |
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| | Page 26, line 18 [Clause 45], at end insert— |
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| | | ‘(4) | Where subsection (1) applies and a commons association established under Part |
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| | | 2 does not exist in relation to the land, a local authority may assume and exercise |
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| | | any of the rights of management of the land which would otherwise be held by |
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| | | the owner, until such time as a commons association exists or the owner is |
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| | Page 26, line 23 [Clause 46], leave out ‘an agricultural’ and insert ‘any’. |
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| | Page 26, line 39 [Clause 46], leave out ‘agricultural’. |
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| | Page 26, line 41 [Clause 46], leave out ‘agricultural’. |
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| | Page 27, line 8 [Clause 46], leave out ‘association’ and insert ‘council’. |
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| | Page 27, line 18 [Clause 46], leave out ‘association’ and insert ‘council’. |
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| | Page 31, line 36 [Clause 57], leave out ‘1’ and insert ‘1(4)’. |
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| | Page 32, line 29 [Clause 60], leave out ‘association’ in both places it occurs and |
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| | Page 34, line 8 [Schedule 1], leave out ‘association’ and insert ‘council’. |
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| | Page 34, line 19 [Schedule 1], leave out ‘association’ and insert ‘council’. |
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| | Page 34, line 32 [Schedule 1], leave out ‘association’ and insert ‘council’. |
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| | Page 34, line 33 [Schedule 1], leave out ‘association’ and insert ‘council’. |
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| | Page 34, line 35 [Schedule 1], leave out ‘association’ and insert ‘council’. |
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| | Page 35, line 2 [Schedule 1], leave out ‘association’ and insert ‘council’. |
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| | Page 35, line 17 [Schedule 1], leave out ‘association’ and insert ‘council’. |
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| | Page 36, line 6 [Schedule 1], leave out ‘must’ and insert ‘may’. |
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| | Page 36, line 9, [Schedule 1], after ‘include’ insert ‘(a)’. |
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| | Page 36, line 11, [Schedule 1], leave out ‘consent obtained’ and insert— |
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| | | ‘(b) | provision as to the circumstances in which consent may be regarded as |
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| | Page 36, line 11, [Schedule 1], at end insert— |
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| | | ‘( ) | Provision referred to in sub-paragraph (5)(b) may include— |
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| | | (a) | provision for consent to be regarded as having been obtained if it is |
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| | | (b) | provision for the circumstances in which consent is to be regarded as |
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| | | (c) | provision for the resolution of disputes.’. |
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| | Page 36, line 33, [Schedule 2], at end insert— |
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| | | ‘Non-registration of common land |
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| | | 1A (1) | If a commons registration authority is satisfied that any land not registered as |
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| | | common land or as a town or village green is land to which this paragraph |
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| | | applies, the authority shall, subject to this paragraph, register the land as |
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| | | common land in its register of common land. |
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| | | (2) | This paragraph applies to any land which— |
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| | | (a) | was not at any time finally registered as common land or as a town or |
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| | | village green under the 1965 Act; |
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| | | (i) | regulated by an Act made under the Commons Act 1876 |
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| | | (c. 56) confirming a provisional order of the Inclosure |
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| | | (ii) | subject to a scheme under the Metropolitan Commons Act |
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| | | 1866 (c. 122) or the Commons Act 1899 (c. 30); |
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| | | (iii) | regulated as common land under a local or personal Act; or |
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| | | (iv) | otherwise recognised or designated as common land by or |
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| | | (c) | is land to which this Part applies; and |
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| | | (d) | satisfies such other conditions as regulations may specify. |
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| | | (3) | A commons registration authority may only register land under sub-paragraph |
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| | | (a) | the application of any person made before such date as regulations |
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| | | (b) | a proposal made and published by the authority before such date as |
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| | | regulations may specify.’. |
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| | | Non-registration of town or village green |
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| | | 1B (1) | If a commons registration authority is satisfied that any land not registered as |
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| | | a town or village green or as common land is land to which this paragraph |
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| | | applies, the authority shall, subject to this paragraph, register the land as a town |
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| | | or village green in its register of town or village greens. |
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| | | (2) | This paragraph applies to any land which— |
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| | | (a) | on 31 July 1970 was land allotted by or under any Act for the exercise |
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| | | or recreation of the inhabitants of any locality; |
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| | | (b) | was not at any time finally registered as a town or village green or as |
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| | | common land under the 1965 Act; |
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| | | (c) | continues to be land allotted as specified in sub-paragraph (a); |
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| | | (d) | is land to which this Part applies; and |
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| | | (e) | satisfies such other conditions as regulations may specify. |
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| | | (3) | A commons registration authority may only register land under sub-paragraph |
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| | | (a) | the application of any person made before such date as regulations |
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| | | (b) | a proposal made and published by the authority before such date as |
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| | | regulations may specify.’. |
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| | Page 36, line 35, [Schedule 2], leave out sub-paragraph (1) and insert— |
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| | | ‘(1) | If a commons registration authority is satisfied that any land not registered as |
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| | | common land or as a town or village green is land to which this paragraph |
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| | | applies, the authority shall, subject to this paragraph, register the land as |
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| | | common land in its register of common land.’. |
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| | Page 37, line 30, [Schedule 2], leave out sub-paragraph (6) and insert— |
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| | | ‘(6) | A commons registration authority may only register land under sub-paragraph |
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| | | (a) | the application of any person made before such date as regulations |
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| | | (b) | a proposal made and published by the authority before such date as |
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| | | regulations may specify.’. |
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| | Page 37, line 35, [Schedule 2], leave out sub-paragraph (1) and insert— |
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| | | ‘(1) | If a commons registration authority is satisfied that any land registered as |
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| | | common land is land to which this paragraph applies, the authority shall, |
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| | | subject to this paragraph, remove the land from its register of common land and |
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| | | register it in its register of town or village greens.’. |
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