Introductory provisions

3Application of this Act

(1)

This Act applies to the following open spaces—

  • Epping Forest, being the land subject to the Epping Forest Act 1878 and vested in the Corporation;

  • Highgate Wood and Queen’s Park, together being the land vested in the Corporation by the Highgate and Kilburn Open Spaces Act 1886;

  • Hampstead Heath, being the land vested in the Corporation by the London Government Reorganisation (Hampstead Heath) Order 1989; and

  • Ashtead Common, Burnham Beeches, Coulsdon Common, Farthing Downs, Kenley Common, Riddlesdown, Spring Park, Stoke Common and West Wickham Common, being the land vested in the Corporation by the Corporation of London (Open Spaces) Act 1878.

(2)

Subject to subsection (3), sections 4(2), 6, 7, 8 and 10 also apply to the following open spaces—

(a)

Bunhill Fields, being the land vested in the Corporation by Part 3 of the City of London (Various Powers) Act 1960; and

(b)

any garden, ornamental ground or churchyard in the City of London which is managed by the Corporation for purposes of public recreation under the Open Spaces Act 1906 or any local enactment.

(3)

In relation to any land falling within subsection (2)(b) which is not vested in the Corporation, the powers in sections 6, 7, 8 and 10—

(a)

may only be exercised with the consent of the landowner, and

(b)

do not include the power to grant a lease or an easement.

(4)

Section 4 and sections 11 to 14 also apply to any land comprising a deer sanctuary to which section 17 of the City of London (Various Powers) Act 1959 applies (which land is accordingly to be regarded as an open space for the purposes of section 2(2)).