SCHEDULES

SCHEDULE 5Minor and consequential amendments

Section 52

1Countryside Act 1968 (c. 41)

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”.

2Animals Act 1971 (c. 22)

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;

3Wildlife and Countryside Act 1981 (c. 69)

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”.

4Norfolk and Suffolk Broads Act 1988 (c. 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”.

5Criminal Justice and Public Order Act 1994 (c. 33)

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”.

6Environment Act 1995 (c. 25)

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”.

7Countryside and Rights of Way Act 2000 (c. 37)

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”.

8Land Registration Act 2002 (c. 9)

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”.