Applications under section 13: surrender or extinguishment of right of common
7.—(1) An application under section 13 of the 2006 Act may only be made by—
(a)the owner of the land to which the right of common is attached or, in the case of a right of common in gross, the owner of that right; or
(b)the owner of the land or of any part of the land over which the right of common is exercisable.
(2) Where the applicant is the owner of the land (or of any part of the land) over which the right of common is exercisable, the application must show that the following persons consent to it—
(a)the owner of the land to which that right is attached or, as the case may be, the owner of the right of common in gross;
(b)any relevant leaseholder of the land to which that right is attached;
(c)any person having the benefit of a relevant charge over the land to which that right is attached.
(3) The application must include—
(a)evidence of the applicant’s capacity to make the application by virtue of sub-paragraph (1)(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; and
(c)except where the right of common is held in gross, a description of the land to which the right of common is attached.
(4) Where it relates to only part of a right of common which is attached to land, the application must—
(a)identify that part of the land to which it is attached; and
(b)be accompanied by an application made for the purposes of section 8 of the 2006 Act.