The Commons Registration (England) Regulations 2014

Interpretation

2.—(1) In these Regulations—

“the 1965 Act” means the Commons Registration Act 1965(1);

“1965 registration authority” means a registration authority in England which is neither an original registration authority nor a 2014 registration authority;

“the 2006 Act” means the Commons Act 2006;

“2014 registration authority” means the commons registration authority of Cumbria County Council or North Yorkshire County Council;

“application”, except in regulation 48, means an application to a registration authority under Part 1 of the 2006 Act or under these Regulations to amend its register of common land or its register of town or village greens;

“determining authority” means—

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(2);

“Form”, followed by a number, means the form so numbered in Schedule 2, or a form to substantially the same effect;

“inspector”, except in regulation 4, means a person appointed by the determining authority to conduct a public inquiry, hearing or site inspection in relation to an application or proposal;

“local authority” means—

“Model Entry”, followed by a number, means the specimen entry so numbered which is provided as an example in Part 1 of Schedule 3;

“moorland” means any area of land shown coloured brown in the three volumes of maps, each entitled “Moorland Map of England 2009” and marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 2AL;

“original registration authority” means any commons registration authority listed in Schedule 1 which is not a 2014 registration authority;

“the Planning Inspectorate” means the body of persons entrusted by the Secretary of State to carry out the functions of the Secretary of State in relation to appeals under Part 3 of the Town and Country Planning Act 1990(3);

“proposal”, except in regulation 45(1), means a proposal by a registration authority to amend a register on its own initiative, pursuant to—

“referring authority” means, in relation to an application or proposal which has been referred to the Planning Inspectorate pursuant to regulation 26(2), the registration authority which referred it;

“registered land” means land registered as common land or as a town or village green;

“register map” means any map, other than a supplemental map, which, by virtue of any regulations made under either the 1965 Act or the 2006 Act, forms part of a register;

“register unit” means, in respect of any land registered in the register of common land or of town or village greens, the sum of that land’s registration in the land section and the rights section of the register and, if the registration was made under regulations under the 1965 Act, the ownership section of that register;

“registration area”, in relation to a registration authority, means—

“registration authority” means a commons registration authority;

“relevant area”, in relation to an application or proposal, means the area of the land to which the application or proposal relates;

“relevant charge” and “relevant leaseholder” have the meanings given in section 15(10) of the 2006 Act;

“right of common in gross” means a right of common which is not registered as being attached to land;

“Standard Entry”, followed by a number, means the specimen entry so numbered in Part 2 of Schedule 3, or an entry to substantially the same effect;

“supplemental map” has the meaning given in regulation 13;

“transitional application period” has the meaning given in regulation 38(2).

(2) References to the land to which an application or proposal relates are to be interpreted, in relation to an application or proposal to register or amend the registration of a right of common, as meaning the land over which that right is or is to be exercisable.