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The Commons Registration (England) Regulations 2014

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Applications under paragraph 1(6)(b) of Schedule 1: severance of right of common by transfer to public body

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12.—(1) An application made under paragraph 1(6)(b) of Schedule 1 to the 2006 Act, for the purpose of registering a transferee as the owner of a right of common upon the severance of that right, may only be made by—

(a)the body (being a body specified in paragraph 1(1)(a) to (c) of Schedule 1 to the 2006 Act) to which the right of common to be severed is to be transferred; or

(b)any person who, by virtue of an order under paragraph 1(5) of that Schedule, is to be regarded as a commons council for the purpose of paragraph 1(1)(a), and to whom the right of common to be severed is to be transferred.

(2) The application must show that the owner of the land to which the right of common is attached consents to the application.

(3) The application must include—

(a)the numbers of the register unit and the rights section entry in the register of common land or town or village greens for the right of common to which the application relates;

(b)a description of the land to which the right of common is attached and from which it is to be severed, and evidence of the ownership of that land;

(c)in a case to which paragraph 1(2) of Schedule 1 to the 2006 Act applies, evidence that notice has been given in accordance with the requirements of—

(i)regulation 45; and

(ii)paragraph 1(2) and (3) of that Schedule; and

(d)in a case to which paragraph 1(4) of that Schedule applies, evidence that the commons council (or the person who, by virtue of an order under paragraph 1(5) of that Schedule, is to be regarded as a commons council for the purpose of paragraph 1(4)) for the land in question consents to the transfer.

(4) Where it relates to only part of a right of common, the application must—

(a)identify that part of the land to which it is attached; and

(b)be accompanied by an application made for the purposes of section 8 of the 2006 Act.

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