{
  "url": "https://openlegislation.uk/commons-registration-england-regulations-2014/regulation-41",
  "json_url": "https://openlegislation.uk/commons-registration-england-regulations-2014/regulation-41.json",
  "legislation": "uksi/2014/3038",
  "legislation_title": "The Commons Registration (England) Regulations 2014",
  "legislation_url": "https://openlegislation.uk/commons-registration-england-regulations-2014",
  "path": "regulation/41",
  "kind": "regulation",
  "number": "41",
  "heading": "Determination of applications and proposals to amend the registers",
  "text": "(1) By the end of the transitional period—\n(a) the determining authority must determine—\n(i) any application for the purposes of paragraph 2 of Schedule 3 to the 2006 Act which was made to the 2014 registration authority during the transitional application period; and\n(ii) any proposal by the 2014 registration authority for such purposes; and\n(b) the 2014 registration authority must make any amendment to its registers which is required in consequence of a determination pursuant to sub-paragraph (a).\n(2) Paragraph (3) applies for the purposes of determining an application or proposal made for the purposes of Schedule 3 to the 2006 Act to amend a register to record the severance of a right of common from land to which it was attached.\n(3) A right of common attached to land is not to be treated as having been severed from that land in consequence of a qualifying event, unless the determining authority is satisfied that the severance was lawful and—\n(a) there is documentary evidence showing that the parties to the transaction or disposition which is a qualifying event intended the transaction or disposition to have the effect of severing the right of common; or\n(b) there is evidence that the right of common has been treated since the qualifying event as having been severed.\n(4) Paragraph (5) applies where a determining authority is determining an application made for the purposes of paragraph 4 of Schedule 3 to the 2006 Act, which was made after the end of the transitional period.\n(5) Where this paragraph applies, the determining authority may not determine that a register entry should be amended if it considers that, by reason of reliance reasonably placed on the register by a person since the end of the transitional period, it would be unfair to do so.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 41 in force at 15.12.2014, see reg. 1(1)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/3038/regulation/41",
    "retrieved_at": "2026-10-28T23:56:25.671551+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}