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PART IIEXCLUSIONS AND RESTRICTIONS

Applications for a direction under section 24 or 25 by holders of rights of common

8.—(1) A person who is interested in any land only as the holder of rights of common may not apply for a direction under section 24 or 25 excluding access to that land.

(2) Any such person may only apply for a direction under section 24 or 25 restricting access to that land if—

(a)the restriction is necessary for the purposes of any use of the land in exercise of his rights of common; and

(b)the restriction would only restrict access to the land for the whole or part of the period in which he is entitled to exercise such rights.

(3) A person making an application in accordance with paragraph (2) shall submit in support of his application a certified copy of the entry in respect of his rights of common over the land to which his application relates which appears in the register maintained under the Commons Registration Act 1965(1) in respect of that land, save that this requirement shall not apply where the person making the application has complied with it when making a previous application in respect of the land in question.