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The Commons Registration (England) Regulations 2008
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Changes and effects yet to be applied to Schedule 4 Paragraph 3:
- Regulations revoked by S.I. 2014/3038 reg. 54(1)(a)
Applications for the purposes of section 8: apportionment of right of commonE+W
This section has no associated Explanatory Memorandum
3.—(1) An application for the purposes of section 8 of the 2006 Act (in relation to the apportionment of a right of common which is attached to land) must accompany any application (“the primary application”) which—
(a)is made under—
(i)section 7, 11 or 13 of the 2006 Act;
(ii)paragraph 1(6)(b) or 3(7)(b) of Schedule 1 to the 2006 Act; or
(iii)paragraph 8 of this Schedule; and
(b)relates to only a part of a right of common.
(2) An application for the purposes of section 8 of the 2006 Act may be made in any other case in which a right of common is attached to land of which the ownership is divided into separate titles amongst two or more persons.
(3) The application may only be made—
(a)in the case of an application required to be made by sub-paragraph (1), by the person (and if more than one, by all such persons) by whom the primary application is made;
(b)in the case of an application permitted to be made by sub-paragraph (2)—
(i)by an owner of any part of the land to which the right of common is attached; or
(ii)by two or more such owners, acting jointly.
(4) The application must include—
(a)evidence of the capacity of the applicant, or (as the case may be) applicants, to make the application by virtue of sub-paragraph (3)(a) or (b);
(b)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;
(c)a description, and details of the ownership, of—
(i)the land to which is attached the part of the right of common which is the subject of the primary application, in the case of an application required to be made by sub-paragraph (1); or
(ii)the land belonging to the applicant or (as the case may be) applicants, in the case of an application permitted to be made under sub-paragraph (2);
(d)a calculation as to what constitutes a rateable apportionment of the right of common between the land in respect of which a description and details of ownership are required by paragraph (c) and any remaining land to which the right of common is attached; and
(e)in the case of applications made by two or more owners of different parts of the land, an indication of the portions attaching to the part of each such applicant.
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