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The Commons Registration (England) Regulations 2014

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Determination of applications and proposals to amend the registers

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41.—(1) By the end of the transitional period—

(a)the determining authority must determine—

(i)any application for the purposes of paragraph 2 of Schedule 3 to the 2006 Act which was made to the 2014 registration authority during the transitional application period; and

(ii)any proposal by the 2014 registration authority for such purposes; and

(b)the 2014 registration authority must make any amendment to its registers which is required in consequence of a determination pursuant to sub-paragraph (a).

(2) Paragraph (3) applies for the purposes of determining an application or proposal made for the purposes of Schedule 3 to the 2006 Act to amend a register to record the severance of a right of common from land to which it was attached.

(3) A right of common attached to land is not to be treated as having been severed from that land in consequence of a qualifying event, unless the determining authority is satisfied that the severance was lawful and—

(a)there is documentary evidence showing that the parties to the transaction or disposition which is a qualifying event intended the transaction or disposition to have the effect of severing the right of common; or

(b)there is evidence that the right of common has been treated since the qualifying event as having been severed.

(4) Paragraph (5) applies where a determining authority is determining an application made for the purposes of paragraph 4 of Schedule 3 to the 2006 Act, which was made after the end of the transitional period.

(5) Where this paragraph applies, the determining authority may not determine that a register entry should be amended if it considers that, by reason of reliance reasonably placed on the register by a person since the end of the transitional period, it would be unfair to do so.

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