Section 189: Commons., Local Government Act 1972

Section 189: Commons.

Part IX: Functions

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The references in section 12 of the Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—

with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;

with respect to a green or land in a community where there is a community council, as references to the community council;

with respect to any other green or land, as references to the council of the district or Welsh principal area in which the green or land is situated;

and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district or (as the case may be) area.

In section 193(1) of the Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words "situated within" there shall be inserted the words ." an area which immediately before 1st April 1974 was "

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Section 189: Commons.

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