Section 7 Variation
55.Subsection (1) provides that a right of common is to be regarded as varied if it is altered as specified in paragraphs (a) to (c). A variation includes an alteration in the quantification of the right (for example, the number of animals that may be grazed by virtue of a right), as well as an alteration in respect of the land over which the right is exercisable so as to introduce new land in addition to or in substitution for all or part of the land over which it was formerly exercisable. But subsection (2) provides that the right may be varied so as to become exercisable over new land only if that land is not already registered as a town or village green. Subsection (5) places a restriction on the power to vary a right of common consisting of the right to graze animals, similar to the restriction contained in section 6(6). A variation does not include a reduction in the land over which a right is exercisable (other than in the circumstances described in subsection (1)(a)) — it may be possible to effect such an alteration by means of surrender under section 13.
