The Commons Registration (England) Regulations 2008

Severance by transfer to Natural EnglandE+W

This section has no associated Explanatory Memorandum

46.—(1) A notice under paragraph 1(2) of Schedule 1 to the 2006 Act of a proposal to sever a right of common from the land to which it is attached by transferring it on its own to Natural England must, in addition to the matters set out in paragraph 1(3) of Schedule 1 to the 2006 Act—

(a)contain an extract of the relevant entry in the rights section of the register unit relating to the registration of the right of common, which must include the information specified in paragraph (2);

(b)state whether, and if so to what extent, the right of common has been exercised during the period of five years prior to the giving of the notice; and

(c)specify the earliest date on which the application by Natural England under paragraph 1(6)(b) of Schedule 1 to the 2006 Act is intended to be made.

(2) The extract from the register required by paragraph (1)(a) must include—

(a)a description of the right of common;

(b)the rights section entry number of the register entry for the right of common;

(c)a description of the land to which the right of common is attached;

(d)the register unit number of the land over which the right of common is exercisable; and

(e)where the right of common is exercisable over part only of that register unit, a description of that part of the register unit over which the right is exercisable.