My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 1 to 4. Amendment No. 1 is consequential because of amendments to Schedule 2, to which we shall turn later. It has no immediate effect on the exempted commons, but we shall ensure that exempted commons may be brought into the registers under Schedule 2 and so help to ensure that registers of what is and is not common land are comprehensive.
Amendments Nos. 2 to 4 and 13 are minor amendments to clarify references to ““land”” in Part 1. Amendment No. 14 is minor and technical. Amendment No. 15 enables registers to be updated to take account of natural variations in the boundary alongside rivers, lakes and tidal waters. Amendment No. 16 clarifies powers to correct mistakes in the register under Clause 19.
Amendment No. 18 clarifies applications under various provisions in Part 1. Amendment No. 20 relates to the power in Clause 24 to make regulations about applications under Part 1. Subsection (7)(a) already enables regulations to make provision for appointment of persons from a panel to deal with particular applications.
Moved, That the House do agree with the Commons in their Amendments Nos. 1 to 4.—(Lord Rooker.)
On Question, Motion agreed to. "5: Page 7, line 24, leave out ““or (3)”” and insert ““, (3) or (3A)””""6: Page 7, line 26, leave out ““local inhabitants”” and insert ““the inhabitants of any locality, or of any neighbourhood within a locality,””""7: Page 7, line 31, leave out ““local inhabitants”” and insert ““the inhabitants of any locality, or of any neighbourhood within a locality,””""8: Page 7, line 33, after ““application”” insert ““but after the commencement of this section””""9: Page 7, line 34, leave out ““the relevant period”” and insert ““the period of two years beginning with the cessation referred to in paragraph (b)””""10: Page 7, line 34, at end insert-""““(3A) This subsection applies (subject to subsection (3B)) where-"
(a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years;
(b) they ceased to do so before the commencement of this section; and
(c) the application is made within the period of five years beginning with the cessation referred to in paragraph (b). "(3B) Subsection (3A) does not apply in relation to any land where-"
(a) planning permission was granted before 23 June 2006 in respect of the land;
(b) construction works were commenced before that date in accordance with that planning permission on the land or any other land in respect of which the permission was granted; and
(c) the land-
(i) has by reason of any works carried out in accordance with that planning permission become permanently unusable by members of the public for the purposes of lawful sports and pastimes; or
(ii) will by reason of any works proposed to be carried out in accordance with that planning permission become permanently unusable by members of the public for those purposes.”” "11: Page 7, line 35, leave out ““and (3)(a)”” and insert ““, (3)(a) and (3A)(a)””""12: Page 8, line 3, leave out subsection (6)"
Commons Bill [HL]
Proceeding contribution from
Lord Rooker
(Labour)
in the House of Lords on Monday, 17 July 2006.
It occurred during Debate on bills on Commons Bill [HL].
Type
Proceeding contribution
Reference
684 c1003-4 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
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2024-04-21 10:03:48 +0100
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