2010 No. 2357
The Commons Registration (Amendment and Miscellaneous Revocations) Regulations 2010
Made
Laid before Parliament
Laid before the National Assembly for Wales
Coming into force
Citation, commencement and application1
1
These Regulations may be cited as the Commons Registration (Amendment and Miscellaneous Revocations) Regulations 2010 and come into force on 30th November 2010.
2
Save as provided in regulation 2, these Regulations apply in relation to England5 and Wales.
Revocations2
The Regulations specified in Columns 1 and 2 of the Schedule are revoked to the extent specified in Column 3 (Part 1 of the Schedule specifying regulations applying to England and Wales, Part 2 regulations applying to England only, and Part 3 regulations applying to Wales only).
Amendment of the Commons Registration (General) Regulations 19663
The Commons Registration (General) Regulations 19666 are amended as follows—
a
in regulation 2(2), omit the definition of “parcel of land”;
b
omit regulations 5, 6, 8, 9, 10(1), 11, 12 and 14;
c
in regulation 21, for “under the Land Registration Acts 1925 and 1936” substitute “in the register of title”;
d
in regulation 26(2)—
i
in paragraph (a), omit “and, where the registration of the land is provisional, the person (if any) on whose application it was made, and any person whose application has been noted under section 4(4) of the Act”;
ii
in paragraph (b), omit “, and, where the registration is provisional, the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
e
in regulation 27(5)(c), omit “, and, where the registration is provisional, the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
f
in regulation 29(5), omit “, and, where the registration is provisional, upon the person on whose application it was made and any person whose application is noted under regulation 9(5) above”;
g
for regulation 34(1) substitute—
1
The fees payable for certified copies and extracts shall be those specified in Schedule 3 to these Regulations.
h
in Schedule 1—
i
omit Form 5 and Forms 7 to 15;
ii
in the Notes to Form 16—
aa
in the heading to paragraph 3, omit “and search of registers”;
bb
in paragraph 3, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph; and
cc
omit paragraph 4;
iii
in the Notes to Form 17—
aa
in the heading to paragraph 2, omit “and search of registers”;
bb
in paragraph 2, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph;
cc
omit paragraphs 3 and 4; and
dd
at the beginning of paragraph 6, insert—
An application for removal, to be successful, must show that events subsequent to the registration of the land concerned have caused such land to cease to be common land or a town or village green by virtue of any instrument made under or pursuant to an enactment.
iv
in the Notes to Form 19—
aa
in the heading to paragraph 4, omit “and search of registers”;
bb
in paragraph 4, omit the words from “, or the copies of the register entries affecting land in their areas” to the end of that paragraph;
cc
omit paragraphs 5 and 6; and
dd
at the beginning of paragraph 8, insert—
An application for amendment, to be successful, must show that events subsequent to the registration of the right concerned have caused the right to become altered, for example by apportionment.
i
in Schedule 2—
i
in Part 1, omit Model Entries 5 and 6; and
ii
in Part 2—
aa
omit Standard Entries 2 and 3; and
bb
in each of Standard Entries 4 and 5, for “under the Land Registration Acts 1925 and 1936” substitute “in the register of title”.
Amendment of the Commons Registration (Objections and Maps) Regulations 19684
The Commons Registration (Objections and Maps) Regulations 19688 are amended as follows—
a
in regulation 2(2)—
i
omit the definitions of “concerned authority”, “Form”, “Model Entry”, “objector” and “supplemental map”; and
ii
in the definition of “the General Regulations”, for “as amended by the Commons Registration (General) (Amendment) Regulations 1968” substitute “as they have effect on 30th November 2010”;
b
omit regulations 2(3), (4), (5), (7) and 3 to 8;
c
in regulation 9(6)(d), after “section 13 of the Act,”, insert “or by virtue of the Common Land (Rectification of Registers) Act 1989”9; and
d
omit Schedules 1 and 2.
Amendment of the Commons Registration (New Land) Regulations 19695
In the definition of “the General Regulations”, in regulation 2(2) of the Commons Registration (New Land) Regulations 196910, for “as amended”, substitute “as they have effect on 30th November 2010”.
SCHEDULERevocations
PART 1Regulations applying to England and Wales
Column 1 | Column 2 | Column 3 |
|---|---|---|
Regulations | References | Extent of revocation |
The Commons Registration (Publicity) Regulations 1966 | The whole Regulations | |
The Commons Registration (General) (Amendment) Regulations 1968 | Regulation 4 In the Schedule, paragraphs 2, 6, 7, 8 and 9 | |
The Commons Registration (Objections and Maps) (Amendment) Regulations 1970 | The whole Regulations | |
The Commons Commissioners Regulations 197111 | The whole Regulations | |
The Commons Registration (Second Period References) Regulations 1973 | The whole Regulations |
PART 2Regulations applying to England only
Column 1 | Column 2 | Column 3 |
|---|---|---|
Regulations | References | Extent of revocation |
The Commons Registration (Objection and Maps) (Amendment) (England) Regulations 2007 | The whole Regulations | |
The Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007 | The whole Regulations |
PART 3Regulations applying to Wales only
Column 1 | Column 2 | Column 3 |
|---|---|---|
Regulations | References | Extent of revocation |
The Commons Registration (General) (Amendment) (Wales) Regulations 2007 | The whole Regulations |
(This note is not part of the Regulations)