# The Commons Registration (England) Regulations 2014, Regulation 41: Determination of applications and proposals to amend the registers

Extent: E+W

(1) By the end of the transitional period—
(a) the determining authority must determine—
(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
(ii) any proposal by the 2014 registration authority for such purposes; and
(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).
(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.
(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—
(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
(b) there is evidence that the right of common has been treated since the qualifying event as having been severed.
(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.
(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.

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Source: https://www.legislation.gov.uk/uksi/2014/3038/regulation/41 (the official version)
Page: https://openlegislation.uk/commons-registration-england-regulations-2014/regulation-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.