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7(1)If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land.E+W
(2)This paragraph applies to land where—
(a)the land was provisionally registered as common land under section 4 of the 1965 Act;
(b)the provisional registration of the land as common land 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 any of the following—
(i)land subject to rights of common;
(ii)waste land of a manor;
(iii)a town or village green within the meaning of the 1965 Act as originally enacted; or
(iv)land of a description specified in section 11 of the Inclosure Act 1845 (c. 118).
(3)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.
Modifications etc. (not altering text)
C1Sch. 2 para. 7 extended and modified (temp.) by S.I. 2017/564, art. 4 (as added) (20.9.2017) by The Commons Act 2006 (Commencement No. 5 and Transitional Provisions (Wales) and Commencement No. 4 (Wales) (Amendment)) Order 2017 (S.I. 2017/933), art. 5(1)(2)
Commencement Information
I1Sch. 2 para. 7 partly in force; Sch. 2 para. 7 not in force at Royal Assent see s. 56(1); Sch. 2 para. 7(3) in force for certain purposes for W. at 12.8.2007 by S.I. 2007/2386, art. 2
I2Sch. 2 para. 7 in force at 1.10.2008 for specified purposes for E. by S.I. 2008/1960, art. 2(1)(f), Sch. (with art. 3)
I3Sch. 2 para. 7 in force at 15.12.2014 for specified purposes for E. by S.I. 2014/3026, art. 3 (with arts. 4, 5)
I4Sch. 2 para. 7(1)(2) in force at 10.4.2017 for W. by S.I. 2017/564, art. 2(b)
I5Sch. 2 para. 7(3) in force at 10.4.2017 for W. in so far as not already in force by S.I. 2017/564, art. 3(c)
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