SCHEDULES

SCHEDULE 5Minor and consequential amendments

Section 52

Countryside Act 1968 (c. 41)

1

1

The Countryside Act 1968 is amended as follows.

2

In section 9(6), for the definition of “common land” substitute—

common land” means—

a

land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006;

b

land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

3

In Schedule 2, in paragraph 7, for the words from “section 22(1)” to the end substitute “ the principal section ”.

Animals Act 1971 (c. 22)

2

In section 11 of the Animals Act 1971, for the definitions of “common land” and “town or village green” substitute—

common land” means—

a

land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006;

b

land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

town or village green” means land registered as a town or village green in a register of town or village greens kept under Part 1 of the Commons Act 2006;

Wildlife and Countryside Act 1981 (c. 69)

3

In section 52(2C) of the Wildlife and Countryside Act 1981—

a

for “common land” (in the first place where it occurs) substitute “ subject to rights of common (within the meaning of the Commons Act 2006) ”;

b

for the words from “the commoners” to the end of the subsection substitute “ the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land ”.

Norfolk and Suffolk Broads Act 1988 (c. 4)

I14

In Schedule 3 to the Norfolk and Suffolk Broads Act 1988, in paragraph 38(1)(d), for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”.

Criminal Justice and Public Order Act 1994 (c. 33)

5

In section 61(9) of the Criminal Justice and Public Order Act 1994—

a

for the definition of “common land” substitute—

common land” means—

a

land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; and

b

land to which Part 1 of that Act does not apply and which is subject to rights of common as defined in that Act;

b

in the definition of “commoner”, for the words from “as defined” to the end substitute “ as so defined; ”;

c

in the definition of “the local authority”, for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”.

Environment Act 1995 (c. 25)

I26

In Schedule 9 to the Environment Act 1995, in paragraph 1—

a

in sub-paragraph (2)(d), for “section 9 of the Commons Registration Act 1965” substitute “ section 45 of the Commons Act 2006 ”;

b

in sub-paragraph (6), for “the Commons Registration Act 1965” substitute “ Part 1 of the Commons Act 2006 ”.

Countryside and Rights of Way Act 2000 (c. 37)

I37

1

The Countryside and Rights of Way Act 2000 is amended as follows.

2

In section 1, in subsection (3)—

a

for paragraph (a) substitute “ land which is registered as common land in a register of common land kept under Part 1 of the Commons Act 2006. ”;

b

omit paragraph (b).

3

In that section, omit subsection (4).

4

In section 45(1), in the definition of “rights of common”, for “the Commons Registration Act 1965” substitute “ the Commons Act 2006 ”.

5

In section 46(2), for “section” substitute “ subsection ”.

Land Registration Act 2002 (c. 9)

8

1

The Land Registration Act 2002 is amended as follows.

2

In section 27(2)(d), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.

3

In section 33(d), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.

4

In Schedule 3, in paragraph 3(1), for “the Commons Registration Act 1965 (c. 64)” substitute “ Part 1 of the Commons Act 2006 ”.