Commons Bill [HL]

moved Amendment No. 42:"Page 6, line 11, leave out from ““greens”” to end of line." The noble Baroness said: I am moving the amendment on behalf of my noble friend Lord Inglewood. The amendment deals with the maintaining of registers. It is essential that we provide accurate and up-to-date commons registers to underpin commons management through two areas in particular: first, a duty on local authorities to update and maintain registers of common land and of town and village greens; and, secondly, providing that future transactions will have no legal effect unless they are registered. My noble friend Lord Inglewood maintains that the problem is that it does not do those things as it currently stands. It will be conclusive as to what land rights are attached to and the ownership of rights in gross. For the vast majority, all rights—those that are attached—the register will not be updated or maintained as to who owns those rights. The Government have acknowledged that, and comment is not possible for both the land registry and the commons register to be conclusive of ownership of the dominant tenement. We agree, but do not see the problem with requiring all transfers to be notified to the commons registration authority. The registers have never given proof of ownership, but if they are not kept up to date they are useless for management purposes when the commoners need to be located. If they are not kept up to date, significant costs will accrue to the government and the commoners in some of the following ways: first, applications to establish statutory commons associations; secondly, in applications for environmental stewardship schemes; thirdly, in applications to undertake works on the commons; and, fourthly, compulsory purchase procedures. My noble friend Lord Inglewood’s amendment makes notification of commons registration authorities mandatory on all transfers of rights, irrespective of whether they are attached or held in gross. The cost of notifying the registration authority at the time of transfer is marginal compared with the cost of tracking commoners via the Land Registry. I beg to move.