OpenLegislation

Regulation 5 Publicity

Original text. Later amendments are not shown.

(1)

Upon receiving an objection which complies with regulation 4, a registration authority shall:—

(a)

allot a distinguishing number (from a single series) to it, and mark the objection with that number;

(b)

send to the objector a receipt for his objection and the fee, containing a statement as to the number allotted to the objection;

(c)

display a notice in Form 43;

(d)

send a Form 43 notice to each of the persons mentioned in paragraph (4) hereof, and to the Clerk;

(e)

affix a Form 43 notice in a conspicuous position to some object on or near to the land;

(f)

publish a notice in Form 43; and

(g)

make a copy of the objection, of the plan, and of the documents and statutory declarations submitted with it, and make such copy available for public i nspection at all reasonable times.

(2)

Every Form 43 notice, other than a notice published in accordance with paragraph (1)(f) above, shall have attached to it a plan which complies with regulation 4(a)(i) and

(iii)

and which shows the land hatched black.

(3)

The Clerk shall send to the objector and to the registration authority a copy of any written representations received by him.

(4)

The persons on whom a Form 43 notice is to be served are:—

(a)

every concerned authority;

(b)

where the register maintained under the 1965 Act states the address of any person (other than the objector)—

(i)

who is registered as the owner of the land;

(ii)

on whose application the land was registered as common land or town or village green;

(iii)

on whose application any right of common was registered over the land;

(iv)

whose application is noted under section 4(4)

of the 1965 Act or under regulation 9(5) of the General Regulations; or

(v)

who, subsequent to the date of registration of a right of common over the land, has become entitled to that right,

the owner or occupier (by that description) at that address;

(c)

where it appears from that register that a right of common over the land is attached to land which includes a dwelling, the owner or occupier (by that description) of that dwelling;

(d)

where the name and address of the owner of the land are stated in Part 5 of Form 42, that person at that address; and

(e)

the Open Spaces Society.

(5)

In this regulation, “the land” means the land in respect of which the objection is made.