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Regulation 2(2)

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FORM 45 COMMONS ACT 2006 — SECTION 15(1)

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Explanatory Note

(This note is not part of the Regulations)

Section 15 of the Commons Act 2006 (“the 2006 Act”) provides a revised basis for seeking registration of land as a town or village green.

Part I of the 2006 Act has only been partially brought into force. In particular, sections 1 to 3 are not yet in force. Until that happens, new greens cannot be entered onto the register of town or village greens to be maintained pursuant to the 2006 Act. Until that time, these Regulations enable registration authorities to register land, which meets the criteria for registration set out in section 15(1) or 15(8) of the 2006 Act, in the register of town or village greens maintained pursuant to the Commons Registration Act 1965 (“the 1965 Act”).

These Regulations specify—

(a) the procedure for applying to register land as a town or village green (regulation 3);

(b) the procedure for dealing with applications for registration (regulations 4 to 7); and

(c) the method of registration of land as a town or village green following the granting of an application (regulation 8).

These Regulations replace the relevant provisions in the Commons Registration (New Land) Regulations 1969 (S.I. 1969/1843) (“the 1969 Regulations”) for the registration of new town or village greens under the 1965 Act. However, the 1969 Regulations remain in force to enable the registration of new greens and new common land for the purposes specified in the savings contained in article 4(1) of the Commons Act 2006 (Commencement No.1, Transitional Provisions and Savings) (Wales) Order 2007 (S.I. 2007/2386) (W.197) (C.88).