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(1) | This section applies to a right of common which— |
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(a) | is registered in a register of common land or town or village greens as |
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attached to any land; and |
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(b) | would, apart from this section, be capable of being severed from that |
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(2) | A right of common to which this section applies is not at any time on or after |
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the day on which this section comes into force capable of being severed from |
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the land to which it is attached, except— |
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(a) | where the severance is authorised by or under Schedule 1; or |
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(b) | where the severance is authorised by or under any other Act. |
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(3) | Where any instrument made on or after the day on which this section comes |
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into force would effect a disposition in relation to a right of common to which |
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this section applies in contravention of subsection (2), the instrument is void to |
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the extent that it would effect such a disposition. |
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(4) | Where by virtue of any instrument made on or after the day on which this |
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section comes into force— |
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(a) | a disposition takes effect in relation to land to which a right of common |
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to which this section applies is attached, and |
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(b) | the disposition would have the effect of contravening subsection (2), |
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| the disposition also has effect in relation to the right notwithstanding anything |
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in the instrument to the contrary. |
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(5) | Where by virtue of any instrument made on or after the day on which this |
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section comes into force a right of common to which this section applies falls to |
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be apportioned between different parts of the land to which it is attached, the |
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instrument is void to the extent that it purports to apportion the right |
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(6) | Nothing in this section affects any instrument made before, or made pursuant |
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to a contract made in writing before, the day on which this section comes into |
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(7) | This section and Schedule 1 shall be deemed to have come into force on 28 June |
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2005 (and an order under paragraph 2 of that Schedule may have effect as from |
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(1) | This section applies to any right of common which is registered in a register of |
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common land or town or village greens but is not registered as attached to any |
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(2) | The owner of the right may apply to the commons registration authority for the |
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right to be registered in that register as attached to any land, provided that— |
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(a) | he is entitled to occupy the land; or |
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(b) | the person entitled to occupy the land has consented to the application. |
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11 | Re-allocation of attached rights |
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(a) | a right of common is registered in a register of common land or town or |
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village greens as attached to any land, and |
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(b) | subsection (2), (3) or (4) applies in relation to part of the land (“the |
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| the owner of the land may apply to the commons registration authority for the |
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register to be amended so as to secure that the right does not attach to the |
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(2) | This subsection applies where the relevant part is not used for agricultural |
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(3) | This subsection applies where planning permission has been granted for use of |
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the relevant part for purposes which are not agricultural purposes. |
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(4) | This subsection applies where— |
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(a) | an order authorising the compulsory purchase of the relevant part by |
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any authority has been made in accordance with the Acquisition of |
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Land Act 1981 (c. 67) (and, if the order requires to be confirmed under |
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Part 2 of that Act, has been so confirmed); |
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(b) | the relevant part has not vested in the authority; and |
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(c) | the relevant part is required for use other than use for agricultural |
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(5) | Regulations may for the purposes of subsections (2) to (4) make provision as to |
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what is or is not to be regarded as use of land for agricultural purposes. |
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(6) | Regulations may provide that an application under this section is not to be |
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granted without the consent of any person specified in the regulations. |
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12 | Transfer of rights in gross |
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The transfer of a right of common which is registered in a register of common |
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land or town or village greens but is not registered as attached to any land— |
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(a) | only has effect if it complies with such requirements as to form and |
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content as regulations may provide; and |
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(b) | does not operate at law until, on an application under this section, the |
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transferee is registered in the register as the owner of the right. |
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13 | Surrender and extinguishment |
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(1) | The surrender to any extent of a right of common which is registered in a |
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register of common land or town or village greens— |
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(a) | only has effect if it complies with such requirements as to form and |
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content as regulations may provide; and |
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(b) | does not operate at law until, on an application under this section, the |
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right is removed from the register. |
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(2) | The reference in subsection (1) to a surrender of a right of common does not |
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include a disposition having the effect referred to in section 7(1)(a). |
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(3) | A right of common which is registered in a register of common land or town or |
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village greens cannot be extinguished by operation of common law. |
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Registration, deregistration and exchange of land |
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14 | Statutory dispositions |
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(1) | Regulations may make provision as to the amendment of a register of common |
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land or town or village greens where by virtue of any relevant instrument— |
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(a) | a disposition is made in relation to land registered in it as common land |
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or as a town or village green; or |
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(b) | a disposition is made in relation to a right of common registered in it. |
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(2) | Regulations may provide that, where— |
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(a) | by virtue of any relevant instrument a disposition is made in relation to |
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land registered as common land or as a town or village green, |
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(b) | by virtue of regulations under subsection (1) the land ceases to be so |
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(c) | in connection with the disposition other land is given in exchange, |
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| the land given in exchange is to be registered as common land or as a town or |
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(3) | In this section, “relevant instrument” means— |
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(a) | any order, deed or other instrument made under or pursuant to the |
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Acquisition of Land Act 1981 (c. 67); |
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(b) | a conveyance made for the purposes of section 13 of the New Parishes |
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(c) | any other instrument made under or pursuant to any enactment. |
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(4) | Regulations under this section may require the making of an application to a |
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commons registration authority for amendment of a register of common land |
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or town or village greens. |
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(5) | Regulations under this section may provide that a relevant instrument, so far |
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as relating to land registered as common land or as a town or village green or |
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to any right of common, is not to operate at law until any requirement for |
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which they provide is complied with. |
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15 | Registration of greens |
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(1) | Any person may apply to the commons registration authority to register land |
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as a town or village green in a case where subsection (2), (3) or (4) applies. |
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(2) | This subsection applies where— |
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(a) | a significant number of local inhabitants have indulged as of right in |
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lawful sports and pastimes on the land for a period of at least 20 years; |
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(b) | they continue to do so at the time of the application. |
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(3) | This subsection applies where— |
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(a) | a significant number of local inhabitants indulged as of right in lawful |
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sports and pastimes on the land for a period of at least 20 years; |
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(b) | they ceased to do so before the time of the application but after the |
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commencement of this section; and |
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(c) | the application is made within the period of two years beginning with |
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the cessation referred to in paragraph (b). |
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(4) | This subsection applies where— |
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(a) | a significant number of local inhabitants indulged as of right in lawful |
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sports and pastimes on the land for a period of at least 20 years; |
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(b) | they ceased to do so before the commencement of this section; |
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(c) | the application is made within the period of five years beginning with |
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the cessation referred to in paragraph (b); and |
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(d) | the land was neither covered by a building nor within the curtilage of a |
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building on 18 April 2006. |
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(5) | In determining the period of 20 years referred to in subsections (2)(a), (3)(a) and |
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(4)(a), there is to be disregarded any period during which access to the land |
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was prohibited to members of the public by reason of any enactment. |
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(6) | For the purposes of subsection (2)(b) in a case where the condition in |
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subsection (2)(a) is satisfied— |
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(a) | where persons indulge as of right in lawful sports and pastimes |
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immediately before access to the land is prohibited as specified in |
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subsection (5), those persons are to be regarded as continuing so to |
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(b) | where permission is granted in respect of use of the land for the |
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purposes of lawful sports and pastimes, the permission is to be |
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disregarded in determining whether persons continue to indulge in |
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lawful sports and pastimes on the land “as of right”. |
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(7) | The owner of any land may apply to the commons registration authority to |
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register the land as a town or village green. |
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(8) | An application under subsection (7) may only be made with the consent of any |
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relevant leaseholder of, and the proprietor of any relevant charge over, the |
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(a) | in relation to land which is registered in the register of title, a |
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registered charge within the meaning of the Land Registration |
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(b) | in relation to land which is not so registered— |
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(i) | a charge registered under the Land Charges Act 1972 |
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(ii) | a legal mortgage, within the meaning of the Law of |
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Property Act 1925 (c. 20), which is not registered under |
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the Land Charges Act 1972; |
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“relevant leaseholder” means a leaseholder under a lease for a term of |
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more than seven years from the date on which the lease was granted. |
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16 | Deregistration and exchange: applications |
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(1) | The owner of any land registered as common land or as a town or village green |
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may apply to the appropriate national authority for the land (“the release |
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land”) to cease to be so registered. |
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(2) | If the release land is more than 200 square metres in area, the application must |
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include a proposal under subsection (3). |
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(3) | A proposal under this subsection is a proposal that land specified in the |
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application (“replacement land”) be registered as common land or as a town or |
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village green in place of the release land. |
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(4) | If the release land is not more than 200 square metres in area, the application |
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may include a proposal under subsection (3). |
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(5) | Where the application includes a proposal under subsection (3)— |
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(a) | the replacement land must not already be registered as common land |
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or as a town or village green; and |
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(b) | if the owner of the release land does not own the replacement land, the |
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owner of the replacement land must join in the application. |
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(6) | In determining the application, the appropriate national authority shall have |
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(a) | the interests of persons having rights in relation to, or occupying, the |
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release land (and in particular persons exercising rights of common |
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(b) | the interests of the neighbourhood; |
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(d) | any other matter considered to be relevant. |
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(7) | The appropriate national authority shall in a case where— |
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(a) | the release land is not more than 200 square metres in area, and |
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(b) | the application does not include a proposal under subsection (3), |
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| have particular regard under subsection (6) to the extent to which the absence |
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of such a proposal is prejudicial to the interests specified in paragraphs (a) to |
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(8) | The reference in subsection (6)(c) to the public interest includes the public |
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(b) | the conservation of the landscape; |
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(c) | the protection of public rights of access to any area of land; and |
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(d) | the protection of archaeological remains and features of historic |
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(9) | An application under this section may only be made with the consent of any |
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relevant leaseholder of, and the proprietor of any relevant charge over— |
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(b) | any replacement land. |
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(10) | In subsection (9) “relevant charge” and “relevant leaseholder” have the |
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meanings given by section 15(9). |
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17 | Deregistration and exchange: orders |
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(1) | Where the appropriate national authority grants an application under section |
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16 it must make an order requiring the commons registration authority to |
| 40 |
remove the release land from its register of common land or town or village |
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(2) | Where the application included a proposal to register replacement land, the |
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order shall also require the commons registration authority— |
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(a) | to register the replacement land as common land or as a town or village |
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green in place of the release land; and |
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(b) | to register as exercisable over the replacement land any rights of |
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common which, immediately before the relevant date, are registered as |
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exercisable over the release land. |
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(3) | A commons registration authority must take such other steps on receiving an |
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order under this section as regulations may require. |
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(4) | Where immediately before the relevant date any rights of common are |
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registered as exercisable over the release land, those rights are on that date |
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extinguished in relation to that land. |
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(5) | Where immediately before the relevant date any rights are exercisable over the |
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release land by virtue of its being, or being part of, a town or village green— |
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(a) | those rights are extinguished on that date in respect of the release land; |
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(b) | where any replacement land is registered in its place, those rights shall |
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become exercisable as from that date over the replacement land instead. |
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(6) | Where immediately before the relevant date the release land was registered as |
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common land and any relevant provision applied in relation to it— |
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(a) | the provision shall on that date cease to apply to the release land; and |
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(b) | where any replacement land is registered in its place, the provision |
| 20 |
shall on that date apply to the replacement land instead. |
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(7) | An order under this section may contain— |
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(a) | provision disapplying the effect of subsection (5)(b) or (6)(b) in relation |
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(b) | supplementary provision as to the effect in relation to any replacement |
| 25 |
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(i) | any rights exercisable over the release land by virtue of its |
| |
being, or being part of, a town or village green; |
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(ii) | any relevant provision; |
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(c) | supplementary provision as to the effect in relation to the release land |
| 30 |
or any replacement land of any local or personal Act. |
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(8) | In subsections (6) and (7) “relevant provision” means a provision contained in, |
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(a) | section 193 of the Law of Property Act 1925 (c. 20); |
| |
(b) | a scheme under the Metropolitan Commons Act 1866 (c. 122); |
| 35 |
(c) | an Act under the Commons Act 1876 (c. 56) confirming a provisional |
| |
order of the Inclosure Commissioners; |
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(d) | a scheme under Part 1 of the Commons Act 1899 (c. 30); |
| |
(e) | section 1 of the Commons Act 1908 (c. 44). |
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(9) | In this section, “relevant date” means the date on which the commons |
| 40 |
registration authority amends its register as required under subsections (1) and |
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(10) | Regulations may make provision for the publication of an order under this |
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