Commons Bill [HL]

Amendment No. 125 gives us a chance to have some debate about costs. In general terms, we expect persons to meet their own costs in complying with the requirements of Part 1. Clause 23, which we have debated, confers powers to make regulations regarding fees payable on any application under Part 1, and our expectation is that the costs to registration authorities of applications to amend the registers in Clauses 6 to 12 will generally be defrayed by fees. Where a person objects to an application, he will need to sustain his objection at his own expense. There is no general provision in the Bill to enable an award of costs in those circumstances. However, exceptionally, paragraph 6 of Schedule 1 contains provision for an award of costs in relation to an application for rectification of mistakes in the registers under that schedule. That is because such cases are particularly likely to involve applications which involve the wider public interest—either retaining land on the register or adding new land to the register. In such cases, we think it right that there be a reserve power to award costs where a party to an application behaves unreasonably, such as by sustaining an objection which has no basis in law, or by failing to disclose his case until the date of an inquiry. The Bill already makes adequate provision for costs to be awarded where that might be necessary. Let me say a word or two more on costs in relation to questions asked. We recognise that some local authority areas will face a greater burden, at least initially—an example is Cumbria, where there is more common land. We intend initially to target the funding to individual local authorities in recognition of that. Pilots will be targeted at first on dealing with the areas that have the most complex problems. We need to learn and properly assess the extent of the problem. Funding costs have been identified in the regulatory impact assessment, which we will look at again in the normal way on Royal Assent, when full implementation is planned based on the relevant requirements in the then Act. The noble Baroness asked me about costs for other organisations and bodies. We do not plan on providing funding for NGOs. We will look at how we encourage and facilitate the establishment of commons associations, and that may be by providing money. We expect Natural England, if and when it is created, to take a lead role in championing the cause of common land in England. That could include its funding appropriate bodies to promote the establishment of commons associations, for example. So far as amendments to the register are concerned, fees will also be necessary. We hope that those costs will be effectively self-financing. I hope that that answers most of the noble Baroness’s questions.