UNITED KINGDOM STATUTORY INSTRUMENT
2010 No. 2357
Commons, England And Wales
The Commons Registration (Amendment and Miscellaneous Revocations) Regulations 2010
Made 22th September 2010
Laid before Parliament 29th September 2010
Coming into force 30th November 2010
The Secretary of State in relation to England and the Welsh Ministers in relation to Wales, in exercise of the powers conferred by sections 3, 4, 5, 6(2), 13and 19of the Commons Registration Act 1965, and now vested in them, make the following Regulations.
S-1
Citation, commencement and applicationCitation, commencement and application
1.—(1) These Regulations may be cited as the Commons Registration (Amendment and Miscellaneous Revocations) Regulations 2010 and come into force on 30th November 2010.
(2) Save as provided in regulation 2, these Regulations apply in relation to Englandand Wales.
Revocations
2. The Regulations specified in Columns 1 and 2 of the Schedule are revoked to the extent specified in Column 3 (Part 1 of the Schedule specifying regulations applying to England and Wales, Part 2 regulations applying to England only, and Part 3 regulations applying to Wales only).
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Amendment of the Commons Registration (General) Regulations 1966Amendment of the Commons Registration (General) Regulations 1966
3. The Commons Registration (General) Regulations 1966are amended as follows—
(a) in regulation 2(2), omit the definition of “parcel of land”;
(b) omit regulations 5, 6, 8, 9, 10(1), 11, 12 and 14;
(c) in regulation 21, for “under the Land Registration Acts 1925 and 1936” substitute “in the register of title”;
(d) in regulation 26(2)—
(i) in paragraph (a), omit “and, where the registration of the land is provisional, the person (if any) on whose application it was made, and any person whose application has been noted under section 4(4) of the Act”;
(ii) in paragraph (b), omit “, and, where the registration is provisional, the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
(e) in regulation 27(5)(c), omit “, and, where the registration is provisional, the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
(f) in regulation 29(5), omit “, and, where the registration is provisional, upon the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
(g) for regulation 34(1) substitute—
“1 The fees payable for certified copies and extracts shall be those specified in Schedule 3 to these Regulations.”;
(h) in Schedule 1—
(i) omit Form 5 and Forms 7 to 15;
(ii) in the Notes to Form 16—
(aa) in the heading to paragraph 3, omit “and search of registers”;
(bb) in paragraph 3, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph; and
(iii) in the Notes to Form 17—
(aa) in the heading to paragraph 2, omit “and search of registers”;
(bb) in paragraph 2, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph;
(cc) omit paragraphs 3 and 4; and
(dd) at the beginning of paragraph 6, insert—
“An application for removal, to be successful, must show that events subsequent to the registration of the land concerned have caused such land to cease to be common land or a town or village green by virtue of any instrument made under or pursuant to an enactment.”;
(iv) in the Notes to Form 19—
(aa) in the heading to paragraph 4, omit “and search of registers”;
(bb) in paragraph 4, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph;
(cc) omit paragraphs 5 and 6; and
(dd) at the beginning of paragraph 8, insert—
“An application for amendment, to be successful, must show that events subsequent to the registration of the right concerned have caused the right to become altered, for example by apportionment.”; and
(i) in Schedule 2—
(i) in Part 1, omit Model Entries 5 and 6; and
(ii) in Part 2—
(aa) omit Standard Entries 2 and 3; and
(bb) in each of Standard Entries 4 and 5, for “under the Land Registration Acts 1925 and 1936” substitute “in the register of title”.
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Amendment of the Commons Registration (Objections and Maps) Regulations 1968Amendment of the Commons Registration (Objections and Maps) Regulations 1968
4. The Commons Registration (Objections and Maps) Regulations 1968are amended as follows—
(a) in regulation 2(2)—
(i) omit the definitions of “concerned authority”, “Form”, “Model Entry”, “objector” and “supplemental map”; and
(ii) in the definition of “the General Regulations”, for “as amended by the Commons Registration (General) (Amendment) Regulations 1968” substitute “as they have effect on 30th November 2010”;
(b) omit regulations 2(3), (4), (5), (7) and 3 to 8;
(d) omit Schedules 1 and 2.
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Amendment of the Commons Registration (New Land) Regulations 1969Amendment of the Commons Registration (New Land) Regulations 1969
5. In the definition of “the General Regulations”, in regulation 2(2) of the Commons Registration (New Land) Regulations 1969, for “as amended”, substitute “as they have effect on 30th November 2010”.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st September 2010
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
22nd September 2010
SCHEDULE
Regulation 2
Revocations
1
Regulations applying to England and WalesPART 1
Regulations applying to England and Wales
Column 1 |
Column 2 |
Column 3 |
Regulations |
References |
Extent of revocation |
The Commons Registration (Publicity) Regulations 1966 |
S.I. 1966/972 |
The whole Regulations |
The Commons Registration (General) (Amendment) Regulations 1968 |
S.I. 1968/658 |
Regulation 4
In the Schedule, paragraphs 2, 6, 7, 8 and 9
|
The Commons Registration (Objections and Maps) (Amendment) Regulations 1970 |
S.I. 1970/384 |
The whole Regulations |
The Commons Commissioners Regulations 1971 |
S.I. 1971/1727 |
The whole Regulations |
The Commons Registration (Second Period References) Regulations 1973 |
S.I. 1973/815 |
The whole Regulations |
2
Regulations applying to England onlyPART 2
Regulations applying to England only
3
Regulations applying to Wales onlyPART 3
Regulations applying to Wales only
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke with effect from 30th November 2010 several instruments which relate to provisional registration under the Commons Registration Act 1965 (“the 1965 Act”). The following Regulations are revoked entirely:
(a) the Commons Registration (Publicity) Regulations 1966 ( S.I. 1966/972);
(b) the Commons Registration (Objections and Maps) (Amendment) Regulations 1970 ( S.I. 1970/384);
(c) the Commons Commissioners Regulations 1971 ( S.I. 1971/1727);
(d) the Commons Registration (Second Period References) Regulations 1973 ( S.I. 1973/815);
(e) the Commons Registration (Objection and Maps) (Amendment) (England) Regulations 2007 ( S.I. 2007/540);
(f) the Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007 ( S.I. 2007/2404); and
(g) the Commons Registration (General) (Amendment) (Wales) Regulations 2007 ( S.I. 2007/2597, W.220).
The revoked regulations cease to have any purpose following the expiry of the time period for submitting applications for provisional registration under the 1965 Act and the determination of all...