Commons Bill [Lords]

Government amendment No. 95, which we will debate later, addresses the point made by the hon. Member for South-East Cambridgeshire (Mr. Paice). Turning to amendment No. 116, clause 16 enables a common or green to be removed from the register on application, usually with the provision of replacement land to take its place. That procedure will replace the current statutory exchange process under section 147 of the Inclosure Act 1845. When the national authority determines such applications, subsection (6) requires that it have regard to the interests of the legal interests in the land, the interests of the neighbourhood, the public interest, and any other matter considered relevant. The amendment would add a requirement for the authority to have regard to the cumulative effect of the proposed release or exchange, taken in conjunction with any release or exchange that has previously been consented to. We would resist the amendment, simply because it is unnecessary. If there is such a history of deregistration affecting the land, the national authority will want to consider whether that is relevant to its determination of a new application. It will, of course, have regard to that as"““any other matter considered to be relevant””," under clause 16(6)(d). Inserting the words in the amendment would not make any practical difference to the outcome, but I am pleased to confirm to the hon. Member for South-East Cambridgeshire that such matters will be fully taken into account when an application is considered. I hope that with that explanation, the hon. Member for Brecon and Radnorshire (Mr. Williams) will not press his amendment to a vote. Amendment agreed to.