SCHEDULES

C2C1C3C4C6SCHEDULE 2Non-registration or mistaken registration under the 1965 Act

Annotations:
Modifications etc. (not altering text)

Other land wrongly registered as town or village green

I1I2I3C59

I41

If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of town or village greens.

I42

This paragraph applies to land where—

a

the land was provisionally registered as a town or village green under section 4 of the 1965 Act;

b

the provisional registration of the land as a town or village green was not referred to a Commons Commissioner under section 5 of the 1965 Act;

c

the provisional registration became final; and

d

immediately before its provisional registration the land was not—

i

common land within the meaning of that Act; or

ii

a town or village green.

I43

For the purposes of sub-paragraph (2)(d)(ii), land is to be taken not to have been a town or village green immediately before its provisional registration if (and only if)—

a

throughout the period of 20 years preceding the date of its provisional registration the land was, by reason of its physical nature, unusable by members of the public for the purposes of lawful sports and pastimes; and

b

immediately before its provisional registration the land was not, and at the time of the application under this paragraph still is not, allotted by or under any Act for the exercise or recreation of the inhabitants of any locality.

I54

A commons registration authority may only remove land under sub-paragraph (1) acting on—

a

the application of any person made before such date as regulations may specify; or

b

a proposal made and published by the authority before such date as regulations may specify.