Commons Bill [HL]

My Lords, I can confirm that. I shall put another couple of paragraphs on the record, which may help the noble Baroness. Amendment No. 81 amends Clause 38(6)(b), which provides that works do not need consent under Clause 38 if the works are carried out under a, "““power conferred by or under any enactment applying to common land””." Several criteria need to be met. The works must be carried out under a power. It is not enough that they are merely authorised or approved under an enactment relating to common land, as the present drafting implies. The enactment must empower a person to carry out the works where that person would not otherwise have that power. Section 82 of the Highways Act 1980, for example, enables a highway authority to construct a cattle-grid on common land adjoining the highway, in which case the highway authority does not need consent for the cattle-grid under Clause 38. The power must be confirmed by or under an enactment. The Highways Act example clearly qualifies, but a power under common law would not. The enactment must apply to common land. Again, the power to construct a cattle-grid on common land qualifies. However, by way of a contrary example, the power to widen a highway in Section 71 of the Highways Act, which makes no special mention of common land, could not be exercised over common land without seeking consent to the proposed works under Clause 38, or otherwise by powers of compulsory purchase. This provision is intended to replicate the same exemption currently available under Section 194 of the Law of Property Act. The remedial works do not require consent if they are pure maintenance or do not interfere with access. I hope that that gives greater clarification to the amendments for the noble Baroness. On Question, Motion agreed to. "86: Page 23, line 13, at end insert—""““(5A) Regulations may specify a time limit for the making of applications under subsection (5).””"