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(1)A commons registration authority may amend its register of common land or town or village greens for any purpose referred to in subsection (2).
(2)Those purposes are—
(a)correcting a mistake made by the commons registration authority in making or amending an entry in the register;
(b)correcting any other mistake, where the amendment would not affect—
(i)the extent of any land registered as common land or as a town or village green; or
(ii)what can be done by virtue of a right of common;
(c)removing a duplicate entry from the register;
(d)updating the details of any name or address referred to in an entry;
(e)updating any entry in the register relating to land registered as common land or as a town or village green to take account of accretion or diluvion.
(3)References in this section to a mistake include—
(a)a mistaken omission, and
(b)an unclear or ambiguous description,
and it is immaterial for the purposes of this section whether a mistake was made before or after the commencement of this section.
(4)An amendment may be made by a commons registration authority—
(a)on its own initiative; or
(b)on the application of any person.
(5)A mistake in a register may not be corrected under this section if the authority considers that, by reason of reliance reasonably placed on the register by any person or for any other reason, it would in all the circumstances be unfair to do so.
(6)Regulations may make further provision as to the criteria to be applied in determining an application or proposal under this section.
(7)The High Court may order a commons registration authority to amend its register of common land or town or village greens if the High Court is satisfied that—
(a)any entry in the register, or any information in an entry, was at any time included in the register as a result of fraud; and
(b)it would be just to amend the register.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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