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Statutory Instruments

2009 No. 2018

Commons, England

The Commons Registration (England) (Amendment) Regulations 2009

Made

19th July 2009

Laid before Parliament

23rd July 2009

Coming into force

30th September 2009

The Secretary of State, in exercise of the powers conferred by sections 3(5), 24(1), (2), (6), and (7) and 59(1) of, and paragraphs 2 and 4 of Schedule 3 to, the Commons Act 2006( 1 ), makes the following Regulations:

Citation and commencement

1. These Regulations

(a) may be cited as the Commons Registration (England) (Amendment) Regulations 2009; and

(b) come into force on 30th September 2009.

Amendment of the Commons Registration (England) Regulations 2008

2. The Commons Registration (England) Regulations 2008( 2 ) are amended as follows—

(a) in regulation 7 (method of registration), in the table in paragraph (3), after the row relating to section 17 of the 2006 Act, insert the following row—

In the first column

(Provision under which or pursuant to which registration is made)

In the second column

(Relevant model entry)

“Section 19 of the 2006 Act

Model Entry 4, 6, 7, 8, 9, 14, 15, 16, 17 or 24, as appropriate”;

(b) in regulation 9 (register maps), in paragraphs (8)(a) and (9)(a), for “wholly of moorland” substitute “wholly or predominantly of moorland”;

(c) in regulation 18 (making a proposal), in paragraph (3), for “30th September 2009” substitute “30th September 2010”;

(d) in regulation 21 (registration authority’s duty to publicise application), in paragraph (2)(a), for “section 15” substitute “section 15(1)”;

(e) in regulation 26 (representations), in paragraph (4), after “a copy of representations” insert “(or within such longer period as the registration authority may specify at the time when it serves the copy of representations)”;

(f) in regulation 27 (responsibility for determining applications and proposals), in paragraph (3)(c), omit “, and seeks to add land to, or to remove land from, a register”;

(g) in regulation 39 (the transitional period and transitional application period)

(i) in paragraph (1), for “30th September 2010” substitute “30th September 2011”; and

(ii) in paragraph (3), for “30th September 2009” substitute “30th September 2010”;

(h) in regulation 41 (review of the registers), for “30th September 2009” substitute “30th September 2010”;

(i) in regulation 42 (determination of applications and proposals to amend the registers), in paragraph (1)(a)(ii), after “the registration authority” insert “for such purposes”;

(j) in Schedule 4 (making an application), in paragraph 18(1)(b), for “in consequence of that event” substitute “in consequence of, that event”; and

(k) in Schedule 6 (persons on whom applicant must serve notice of an application), in the table in paragraph 2, in the second column (persons on whom notice of application must be served) of the entry relating to an application under section 15(1) or (8) of the 2006 Act, omit the third item listed.

Huw Irranca Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

19th July 2009

( 1 )

2006 c. 26 ; “appropriate national authority” and “regulations” are defined in section 61.

Status: There are outstanding changes not yet made by the editorial team to The Commons Registration (England) (Amendment) Regulations 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Commons Registration (England) (Amendment) Regulations 2009 (2009/2018)
Version from: [subject to the status notice] 30 September 2009

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