Commons Bill [HL]

This is obviously a probing amendment by my noble friend. We believe it is essential that regulations may be made to prescribe the form and content of an application under any of Clauses 6 to 12. The intention behind these clauses is that nothing can affect a right of common unless application is made to the commons registration authority for an amendment to the registers. At present it is possible for an instrument affecting a right of common, such as a deed of variation or surrender, to take the form of one of several published precedents, or to be drafted bespoke for the purpose. In enabling commons registration authorities to fulfil their function, we intend to use regulations to prescribe the form that the instrument must take. That will ensure that, within reason, applications are consistent in content and minimise the burden imposed on the authority in determining an application. We expect that regulations are likely to specify a standard template that may be used or adapted for all purposes. Regulations in Wales will provide for forms to be in both the Welsh and English languages. By the means of the template, we can reduce the cost of applications for both the applicant—who may avoid the need to employ a lawyer for the purpose—and the registration authority. The regulations are due to come before the House in the form of a negative resolution, and will be in the name of either the Secretary of State in England or the National Assembly for Wales.