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Section 52

SCHEDULE 5 Minor and consequential amendments

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)

4 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)

6 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)

7 (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”.

Section 53

SCHEDULE 6 Repeals

Part 1 Repeals relating to registration

Short title and chapter Extent of repeal
Commons Registration Act 1965 (c. 64) The whole Act.
Parliamentary Commissioner Act 1967 (c. 13) In Schedule 4, the paragraph relating to Commons Commissioners.
Local Government Act 1972 (c. 70) Section 189(1) and (2).
Local Government Act 1985 (c. 51) In Schedule 8, paragraph 10(6).
Dartmoor Commons Act 1985 (c. xxxvii) Section 8.
Common Land (Rectification of Registers) Act 1989 (c. 18) The whole Act.
Courts and Legal Services Act 1990 (c. 41) In Schedule 10, paragraph 26.
Tribunals and Inquiries Act 1992 (c. 53) In Schedule 1, in Part 1, the entry relating to Commons Commissioners and assessors.
Judicial Pensions and Retirement Act 1993 (c. 8) In Schedule 6, paragraph 26.
Countryside and Rights of Way Act 2000 (c. 37)

Section 1(3)(b) and (4).

Section 46(1).

Section 98.

Land Registration Act 2002 (c. 9) In Schedule 11, paragraph 7.
Greenham and Crookham Commons Act 2002 (c. i) Section 33(1).
Constitutional Reform Act 2005 (c. 4)

In Schedule 7, in paragraph 4, the entry relating to the Commons Registration Act 1965.

In Schedule 14, in Part 3, the entries relating to—

(a)

Commons Commissioner and Chief Commons Commissioner; and

(b)

Substitute Chief Commons Commissioner.

Part 2 Repeals relating to works

Short title and chapter Extent of repeal
Metropolitan Commons Act 1866 (c. 122) Section 21.
Commons Act 1876 (c. 56)

In section 30, the words from “Any person aggrieved” to the end of the section.

Section 36.

Commons Act 1899 (c. 30) Section 21.
Law of Property Act 1925 (c. 20) Section 194.
Administration of Justice (Appeals) Act 1934 (c. 40) In the Schedule, the reference to subsection (2) of section 194 of the Law of Property Act 1925.
Compulsory Purchase Act 1965 (c. 56) In Schedule 7, the entry relating to the Commons Act 1899.
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)

In article 12 of the Schedule—

(a)

in paragraph (1), the words “(which consent the Minister may give in such cases as he thinks fit)”; and

(b)

paragraph (3).

In article 17(2) of the Schedule, the words from “and the Minister” to the end.

National Trust Act 1971 (c. vi) In section 23(2), the words from “, and in giving” to the end.
Norfolk and Suffolk Broads Act 1988 (c. 4) In Schedule 3, paragraph 38(1)(b).
Local Government (Wales) Act 1994 (c. 19) In Schedule 16, paragraph 7(2).
Environment Act 1995 (c. 25) In Schedule 9, paragraph 1(2)(b).
Communications Act 2003 (c. 21) In Schedule 17, paragraph 3.

Part 3 Repeals relating to approvement and inclosure

Short title and chapter Extent of repeal
Commons Act 1285 (13 Edw 1 c. 46) The whole Act.
Gifts for Churches Act 1811 (c. 115) Section 2.
School Sites Act 1841 (c. 38) In section 2, the words from “Provided also, that where any portion” to “such conveyance;”.
Inclosure Act 1845 (c. 118) Section 147.
Inclosure Act 1847 (c. 111) Section 4.
Literary and Scientific Institutions Act 1854 (c. 112) In section 1, the words from “Provided also” to the end.
Inclosure Act 1857 (c. 31) Sections 4 and 5.
Commons Act 1876 (c. 56) Section 31.
Law of Commons Amendment Act 1893 (c. 57) The whole Act.
Commons Act 1899 (c. 30)

In Schedule 1, the references to—

(a)

the Poor Relief Act 1601;

(b)

the Gifts for Churches Act 1811;

(c)

the Church Building Act 1818;

(d)

the Poor Relief Act 1831;

(e)

the Crown Lands Allotments Act 1831;

(f)

the Union and Parish Property Act 1835;

(g)

the School Sites Act 1841;

(h)

the Literary and Scientific Institutions Act 1854.

Part 4 Repeal relating to schemes under the Commons Act 1899

Short title and chapter Extent of repeal
Commons Act 1899 (c. 30) In section 1(3), the words from “, and for” to the end.

Part 5 Repeal relating to vehicular access

Short title and chapter Extent of repeal
Countryside and Rights of Way Act 2000 (c. 37) Section 68.