The Commons (Deregistration and Exchange Orders) (Interim Arrangements) (England) Regulations 2007

Registration of replacement land E+W

4.—(1) Where a commons registration authority receives a deregistration and exchange order, the following provisions of this regulation apply subject to any provisions in the order specifying the manner in which the replacement land is to be registered.

(2) The registration authority may register the replacement land—

(a) by amending the register unit in its register of common land or register of town or village greens which contains the registration of the release land; or

(b) by inserting a new register unit in respect of the replacement land.

(3) If the registration authority registers the replacement land by amending the register unit which contains the registration of the release land, it must do so in accordance with Standard Entry 12.

(4) If the registration authority registers the replacement land by inserting a new register unit in respect of it, paragraphs (5) to (9) apply.

(5) The registration authority must follow as closely as possible Model Entry 4 with such variations and adaptations as the circumstances may require, and with—

(a) the substitution, for the sentence beginning “Registered pursuant to application”, of the words “Registered pursuant to an order under section 17 of the Commons Act 2006.”; and—

(b) the omission of the words “(Registration provisional.)”.

(6) Paragraphs (2) to (6) of General Regulation 10 apply to the registration.

(7) Paragraphs (4) to (8) of regulation 9 of the Commons Registration (Objections and Maps) Regulations 1968(1) (changes as to provisional register maps) apply, subject to the following modifications—

(a) references to a “new map” are to be interpreted as meaning any map taken into use for the purpose of this regulation;

(b) instead of the scale specified in paragraph (4), every new map must be prepared on an Ordnance Map of a scale of not less than 1:2,500 if available, and in any case not less than 1:10,000; and

(c) paragraph (7) applies as if the word “provisional” were omitted.

(8) Each new map taken into use must be stamped by, and signed on behalf of, the registration authority, and shall then form part of the register.

(9) The requirement in paragraph (8) for a registration authority to stamp a new map is a requirement to cause an impression of its official stamp as described in General Regulation 3 to be affixed to it, which must bear the date when it was affixed.

(1)

S.I. 1968/989 as amended by S.I. 1990/311. There are other amending instruments not relevant to these Regulations.