8. In finalising the lists, the returning officer—
(a)must take account of any representations received within the time specified under paragraph 5(a) and any further information provided pursuant to a request under paragraph 7; and
(b)must not take account of any matter which is, or was, capable of being registered under Part 1 of the 2006 Act, and which has not been registered (though not so as to exclude any matter on the ground only that it was capable of being the subject of a declaration of entitlement to a right of common but was not thus declared).