The Commons Registration (Amendment and Miscellaneous Revocations) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/2357

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), 131and 192of the Commons Registration Act 19653, and now vested in them4, make the following Regulations.

S-1 Citation, commencement and application

Citation, 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 England5and Wales.

S-2 Revocations

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).

S-3 Amendment of the Commons Registration (General) Regulations 1966

Amendment of the Commons Registration (General) Regulations 1966

3. The Commons Registration (General) Regulations 19666are 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—

S-1

“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

(cc) omit paragraph 4;

(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”.

S-4 Amendment of the Commons Registration (Objections and Maps) Regulations 1968

Amendment of the Commons Registration (Objections and Maps) Regulations 1968

4. The Commons Registration (Objections and Maps) Regulations 19688are 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;

(c) in regulation 9(6)(d), after “section 13 of the Act,”, insert “or by virtue of the Common Land (Rectification of Registers) Act 19899; and

(d) omit Schedules 1 and 2.

S-5 Amendment of the Commons Registration (New Land) Regulations 1969

Amendment 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 196910, 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 Wales

PART 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 197111

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 only

PART 2

Regulations applying to England only

Column 1

Column 2

Column 3

Regulations

References

Extent of revocation

The Commons Registration (Objection and Maps) (Amendment) (England) Regulations 2007

S.I. 2007/540

The whole Regulations

The Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007

S.I. 2007/2404

The whole Regulations

3 Regulations applying to Wales only

PART 3

Regulations applying to Wales only

Column 1

Column 2

Column 3

Regulations

References

Extent of revocation

The Commons Registration (General) (Amendment) (Wales) Regulations 2007

S.I. 2007/2597 (W.220)

The whole Regulations

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...

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