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The Commons Registration (England) Regulations 2014

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46.—(1) Where registered land is affected by any of the matters referred to in paragraph (2), the registration authority—

(a)must, on an application made in accordance with this regulation, enter a note of the matter in the land section of the register; and

(b)may enter such a note on its own initiative.

(2) Those matters are—

(a)a scheme made under Part 1 of the Commons Act 1899(1) or under the Metropolitan Commons Acts 1866 to 1898(2);

(b)a local Act regulating the land;

(c)an order of regulation made under the Commons Act 1876(3) and confirmed by a Provisional Order Confirmation Act;

(d)a declaration made by deed under section 193(2) of the Law of Property Act 1925(4) which declares that that section is to apply to the land;

(e)a limitation and condition imposed under proviso (b) to section 193(1)(5) of the Law of Property Act 1925;

(f)an order made under Part 2 of the 2006 Act establishing a commons council.

(3) An application under this regulation may be made by—

(a)any local authority (other than the registration authority) in whose area any part of the land lies;

(b)any person with a function relating to the management or regulation of the land, conferred by an instrument or enactment mentioned in paragraph (2)(a), (b) or (c); or

(c)in the case of an application to note a matter referred to in paragraph (2)(d) or (e)—

(i)the owner of any part of the land;

(ii)any person appearing from the register to be entitled to exercise a right of common over the land.

(4) Where a note is entered in a register pursuant to an application, the registration authority must send the applicant a copy of the entry.

(5) If a registration authority is satisfied on reasonable grounds that the matter to which it relates is no longer subsisting, the registration authority may cancel any note entered in a register.

(5)

1925 c. 20. Section 193(1) was amended by section 189(4) of, and Schedule 30 to, the Local Government Act 1972 (c. 70), paragraph 10(5) of Schedule 8 to the Local Government Act 1985 (c. 51), paragraph 7 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19), and paragraph 1 of Schedule 4 to the Countryside and Rights of Way Act 2000 (c. 37).

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