SCHEDULE
SCHEDULE
1. The following shall be substituted for regulation 7:—
“7 Applications in special cases
(1) Where a right of common is attached to any land, and is comprised in a tenancy of the land, an application for the registration of that right may be made by the landlord, the tenant, or both of them jointly.
(2) Where a right of common belongs to an ecclesiastical benefice of the Church of England which is vacant an application for the registration of that right may be made by the Church Commissioners.
(3) Where any land registered under the Act belongs to an ecclesiastical benefice of the Church of England which is vacant an application for the registration of a claim to the ownership of that land may be made by the Church Commissioners.
(4) The foregoing provisions of this regulation do not affect the right of any person entitled, apart from those provisions, to make any application under the Act.”.
2. In regulation 8—
(a) in paragraph 1(b) after the words there shall be inserted the words ;
(b) in paragraph (1)(c) for the words there shall be substituted the words ;
(c) after paragraph (2) insert the following paragraph:—
“3 An application for the registration of a right of common, or of a claim to the ownership of any land, made by a person who is not the owner of the right or, as the case may be, of the land, shall, unless that person is entitled by virtue of any provision of regulation 7 above to make the application, be supported by such further evidence (if any) of his right to make it as, after considering the application and the declaration in support, the registration authority may reasonably require.”.
3. In regulation 27—
(a) the following shall be substituted for paragraph (2):—
“2 An application under this regulation may be made by the person who, at the date of the application, would have been entitled (whether or not by virtue of any provision of these Regulations) to apply under section 4 of the Act for the registration of a claim to the ownership of the land if at that date such an application could have been made.”;
(b) in paragraph 3(b) after the words there shall be inserted the words .
4. In regulation 29—
(a) the following shall be substituted for paragraph (2):—
“2 (a) An application under this regulation may be made by any person having an interest under the apportionment, variation, extinguishment, release or transfer.
(b) For the purpose of this regulation the following are included in the expression “person having an interest”, but without prejudice to the generality of that expression:—
(i) in the case of an apportionment, variation or transfer, any person who, at the date of the application under this regulation, would have been entitled (whether or not by virtue of any provision of these Regulations) to apply under section 4 of the Act for the registration of the right as apportioned, varied or transferred, if at that date such an application could have been made;
(ii) in the case of an extinguishment or release, any person who, at the date of the application under this regulation, would have been entitled (whether or not by virtue of any provision of these Regulations) to apply under the said section 4 of the registration of a claim to the ownership of any part of the land over which the right extinguished or released was formerly exercisable, if at that date such an application could have been made.”;
(b) in paragraph 3(b) after the words there shall be inserted the words .
5. After regulation 31 insert:—
“31A Applications signed by agents
Any application signed by an agent on behalf of an individual applicant shall be supported by such evidence (if any) of the agent's authority as, after considering the application, the registration authority may reasonably require.”.
6. In Form 7—
(a) the following shall be substituted for the marginal note >3> at the end of the application:—
“>3> If the applicant is a body corporate or unincorporate the application must be signed by the secretary or some other duly authorised officer.”;
(b) in paragraph 1 of the Statutory Declaration in Support, after , there shall be inserted the reference , and, in the same paragraph, shall be substituted for ;
(c) at the end of paragraph 3 of that Declaration, there shall be inserted the reference , and against paragraph 3 there shall be added the following marginal note:—
“>3A>The words may be added here if the applicant can only declare to a belief that the land is one or the other. This will avoid inconsistency if the applicant intends to apply to have the land registered also as a town or village green.”.
7. In Form 8—
(a) the following shall be substituted for the marginal note >3> at the end of the application:—
“>3> If the applicant is a body corporate or unincorporate the application must be signed...
