Commons Bill [HL]

I rise to speak to Amendment No. 36, which is linked with Amendment No. 35 of the noble Lord, Lord Williams. Clause 9 (5) proposes a temporary severance of rights from the land in instances where leasing or licensing of that land on its own is carried out in accordance with regulations. I was pleased to note that draft regulations were provided for the issue of severance. It is a shame that the Government have not provided more draft regulations in the past five years, particularly as the Bill defers to them on so many occasions. I draw the committee’s attention specifically to Clause 9(5)(b), which requires, at the very least, some clarification. What is clear is that the respective definitions of the ““rules”” and the ““regulations”” are conflicting. I shall come later to the concerns of these Benches regarding the commons associations’ rule-making powers in Clause 30, but, for the moment, I ask the Minister whether local commons association rules would supersede national regulations or vice versa. Will he confirm the procedures or avenues of appeal that would exist in light of these rules? What would be the burden on the Crown Prosecution Service and those individuals who are forced to go through expensive legal proceedings? I fear that subsection (b) is unnecessary and, what is more, avoidable. I beg to move.