The Commons Registration (General) (Amendment) Regulations 1968

12.  In Form 19—

(a) the following shall be substituted for the footnote>2> at the end of the application:—

“>2> If the applicant is a body corporate or charity trustees the application must be signed by the secretary or some other duly authorised officer.”;

(b) in paragraph 1 of the Statutory Declaration in Support, after “1.”, there shall be inserted the reference “>2>”, and, in the same paragraph “made” shall be substituted for “signed”;

(c) the following shall be substituted for paragraph 3 of that Declaration:—

“

”

(d) the following shall be substituted for Note 2:—

“2.  Who may apply.

An application may be made by any person having an interest under the apportionment, variation, extinguishment, release or transfer. “Having an interest” means having gained a **benefit or advantage by the transaction. Thus, for example, in the case of an apportionment, each of the persons entitled to any part of the apportioned right would be entitled to apply. In the case of an extinguishment or release, the applicant would generally be the soil owner. In the case of a variation, any person benefited by the variation, and in the case of a transfer, the transferee, would be entitled to apply. Where the relevant interest belongs to an ecclesiastical benefice of the Church of England which is vacant, the Church Commissioners may make the application and, where they do so, the fact should be stated, and the name of the benefice given, in part 1.

There are certain other cases where a person may be entitled to apply on behalf of the owner of the relevant interest or in his stead. Examples are (a) a receiver appointed under section 105 of the Mental Health Act 1959; (b) charity trustees where the relevant interest is vested in the Official Custodian for Charities; (c) trustees for the purposes of the Settled Land Act 1925 authorised by order under section 24 of that Act. In such cases mention should so far as possible be made, either in part 1 or in part 6 as may be most convenient, of (a) the Act of Parliament, statutory instrument, order of court or other authority under which the applicant claims to be entitled to apply; (b) the capacity in which he applies; and (c) the name and address of the person on whose behalf or in whose stead the application is made, that is to say the person having the necessary interest as explained in the preceding paragraph. The registration authority has power to call for such further evidence of the right of the applicant to make the application as it may reasonably require.

In all cases where charity trustees apply (not only where the right is vested in the Official Custodian) the fact should be stated, and the name of the charity given, in part 1 or 6 as convenient.”.

(e) the following shall be substituted for the heading to Note 6:—

“6.  Objections and amendment applications contrasted”.