SCHEDULES

C2C1C3C7C9SCHEDULE 2Non-registration or mistaken registration under the 1965 Act

Annotations:
Modifications etc. (not altering text)

Waste land of a manor not registered as common land

I1I2C4C5I3C6C6C84

I41

If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.

I42

This paragraph applies to land which at the time of the application under sub-paragraph (1) is waste land of a manor and where, before the commencement of this paragraph—

a

the land was provisionally registered as common land under section 4 of the 1965 Act;

b

an objection was made in relation to the provisional registration; and

c

the provisional registration was cancelled in the circumstances specified in sub-paragraph (3), (4) or (5).

I43

The circumstances in this sub-paragraph are that—

a

the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;

b

the Commissioner determined that, although the land had been waste land of a manor at some earlier time, it was not such land at the time of the determination because it had ceased to be connected with the manor; and

c

for that reason only the Commissioner refused to confirm the provisional registration.

I44

The circumstances in this sub-paragraph are that—

a

the provisional registration was referred to a Commons Commissioner under section 5 of the 1965 Act;

b

the Commissioner determined that the land was not subject to rights of common and for that reason refused to confirm the provisional registration; and

c

the Commissioner did not consider whether the land was waste land of a manor.

I45

The circumstances in this sub-paragraph are that the person on whose application the provisional registration was made requested or agreed to its cancellation (whether before or after its referral to a Commons Commissioner).

I56

A commons registration authority may only register 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.