moved Amendment No. 13:"Page 3, line 18, leave out subsection (3) and insert—"
““(3) The creation of a right of common in accordance with subsection (2) only has effect if it complies with such requirements as to form and content as regulations may provide.
(4) The creation of a right of common in accordance with subsection (2) does not operate at law until on an application under this section—
(a) the right is registered in a register of common land; and
(b) if the right is created over land not registered as common land, the land is registered in a register of common land.
(5) An application under this section to register the creation of a right of common consisting of a right to graze any animal is to be refused if in the opinion of the commons registration authority the land over which it is created would be unable to sustain the exercise of—
(a) that right; and
(b) if the land is already registered as common land, any other rights of common registered as exercisable over the land.””
On Question, amendment agreed to.
Clause 6, as amended, agreed to.
Clause 7 [Variation]:
[Amendments Nos. 14 and 15 not moved.]
Commons Bill [HL]
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Tuesday, 25 October 2005.
It occurred during Debate on bills
and
Committee proceeding on Commons Bill [HL].
Type
Proceeding contribution
Reference
674 c292-3GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
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