Commons Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 90 to 94. I shall speak also to Amendments Nos. 103 to 105 and 134 to 135. Amendments Nos. 90 to 94 relate to Clause 42, which tackles the difficulty that some statutory management schemes on commons effectively prohibit certain works even if they are of a type that the national authority might otherwise consider authorising. Clause 42(3) removes such a prohibition if the national authority gives its consent to the works. On reflection, we concluded that this change potentially disadvantages the landowner because such works, in theory at least, could still go ahead even if the owner is opposed to them. We think it only fair that the owner should have a right of veto on new works that are currently prohibited under a scheme. Government Amendments Nos. 93 and 94 give effect to this principle while allowing regulations to prescribe the deemed consent procedure. It is also worth saying that if the owner cannot be traced or raises no objections within the prescribed period, the council will be able to proceed on the basis of national authority consent for the works. Government Amendments Nos. 90 to 92 also make it clear that Clause 42 has effect only where schemes were in force on the date of its commencement. Our intention is that any new schemes made after the clause comes into force should be freestanding and have effect according to their own terms. Government Amendment No. 103 is a new clause amending the Commons Act 1899. That Act gives local authorities power to make schemes of management over particular commons. These amendments update this power, making it fit for purpose in the 21st century. The power of veto for the owner of the common and for persons representing at least one-third of the value of interests such as common rights remains in place. If one or both do not want a new scheme to go ahead, it cannot. I can go into more detail if required. Amendment No. 104 repeals Section 68 of the Countryside and Rights of Way Act in line with the debate in the other place. Section 68 was enacted to deal with a problem that had arisen through case law for householders who access their homes by vehicles over areas such as commons or greens. Section 68 has now become redundant and repealing it will avoid any mistaken impression that the section has a residual role. We consulted publicly about this and we will publish a report in due course on our website about the findings of that consultation. Amendments Nos. 134 and 135 are consequential on Amendments Nos. 103 and 104. Moved, That the House do agree with the Commons in their Amendments Nos. 90 to 94.—(Lord Rooker.)