The Commons Registration (General) (Amendment) Regulations 1968

9.  In Form 10—

(a) the following shall be substituted for the marginal note >2> at the end of the application:—

“>“2> If the applicant is a body corporate or charity trustees 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 “1.”, there shall be inserted the reference “>2>”, and, in the same paragraph “made” shall be substituted for “signed”;

(c) the following shall be substituted for paragraph 2 of that Declaration and for the marginal note >3> thereto:—

“

”

(d) in paragraph 3 of that Declaration, after the word “entitled” there shall be inserted the words:—

“[, in the capacity or respective capacities stated in the application,]”;

(e) the following shall be substituted for Note 1:—

“1.  Who may apply for registration.

An application for the registration of a claim to the ownership of any land registered under the Act may be made by the owner of the land or, where the land belongs to an ecclesiastical benefice of the Church of England which is vacant, by the Church Commissioners.

In certain cases a person may be entitled to apply on behalf of the owner of the land or in his stead. Examples are (a) a receiver appointed under section 105 of the Mental Health Act 1959; (b) charity trustees where the land is vested in the Official Custodian for Charities; (c) trustees for the purposes of the Settled Land Act 1925 authorised by order under section 24 of that Act. In such cases mention should so far as possible be made in part I of (a) the Act of Parliament, statutory instrument, order of court or other authority under which the applicant claims to be entitled to apply; (b) the capacity in which he applies; and (c) the name and address of the person (i.e. the owner of the land) on whose behalf or in whose stead the application is made. The registration authority has power to call for such further evidence of the right of the applicant to make the application as it may reasonably require.

The ownership of any land, for the purposes of the Act, means the ownership of the legal estate in fee simple in that land. It follows that applications made by, on behalf or instead of persons not having the legal estate in fee simple cannot be entertained. Thus, for example, an application by or on behalf of a lessee, mortgagee, or person having only an equitable interest in the land must be rejected. Any one who is not sure whether he is entitled to apply should obtain legal advice.

Where the Church Commissioners apply with respect to land belonging to a vacant benefice, the fact should be stated, and the name of the benefice given, in part 1.

In all cases where charity trustees apply (not only where the land is vested in the Official Custodian) the fact should be stated, and the name of the charity given, in part 1.”.