My Lords, I am most grateful for noble Lords’ responses to the amendments. However, I know nothing whatever about the Bill, having come late to Defra and the Bill. The process seems very satisfactory in that we have a solution to the problems. This area of legislation has a language of its own. I will make sure that noble Lords’ thanks are passed on to my ministerial colleagues who dealt with the Bill in considerable detail before the reshuffle, and, needless to say, to officials, to whom I am most grateful for the help I have received this afternoon.
On Question, Motion agreed to. "110: Page 32, line 18, leave out ““association”” and insert ““council””""111: Page 32, line 31, leave out ““association”” and insert ““council””""112: Page 32, line 32, leave out ““association”” and insert ““council””""113: Page 32, line 33, at end insert-""““(4A) In a case where there is no commons council established for the land over which a right of common to which section 9 applies is exercisable, the appropriate national authority may by order provide that a person with functions of management conferred by any enactment in relation to that land is to be regarded, for any or all purposes of this paragraph, as a commons council established for the land.””""114: Page 33, line 9, leave out ““association”” and insert ““council””""115: Page 33, line 43, leave out ““must”” and insert ““may””""116: Page 34, line 1, after ““include”” insert ““(a)””""117: Page 34, line 3, leave out ““consent obtained”” and insert-"
““(b) provision as to the circumstances in which consent may be regarded as having been obtained”” "118: Page 34, line 3, at end insert-""““( ) Provision referred to in sub-paragraph (5)(b) may include- "
(a) provision for consent to be regarded as having been obtained if it is withheld unreasonably;
(b) provision for the circumstances in which consent is to be regarded as withheld unreasonably;
(c) provision for the resolution of disputes.”” "119: Schedule 2, page 34, line 25, at end insert-"
““Non-registration of common land "1A (1) If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.""(2) This paragraph applies to any land which-"
(a) was not at any time finally registered as common land or as a town or village green under the 1965 Act;
(b) is land which is-
(i) regulated by an Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners;
(ii) subject to a scheme under the Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30);
(iii) regulated as common land under a local or personal Act; or
(iv) otherwise recognised or designated as common land by or under an enactment;
(c) is land to which this Part applies; and
(d) satisfies such other conditions as regulations may specify. "(3) A commons registration authority may only register land under sub-paragraph (1) acting on-"
(a) the application of any person made before such date as regulations may specify; or
(b) a proposal made and published by the authority before such date as regulations may specify.’
Non-registration of town or village green "1B (1) If a commons registration authority is satisfied that any land not registered as a town or village green or as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as a town or village green in its register of town or village greens.""(2) This paragraph applies to any land which-"
(a) on 31 July 1970 was land allotted by or under any Act for the exercise or recreation of the inhabitants of any locality;
(b) was not at any time finally registered as a town or village green or as common land under the 1965 Act;
(c) continues to be land allotted as specified in sub-paragraph (a);
(d) is land to which this Part applies; and
(e) satisfies such other conditions as regulations may specify. "(3) A commons registration authority may only register land under sub-paragraph (1) acting on-"
(a) the application of any person made before such date as regulations may specify; or
(b) a proposal made and published by the authority before such date as regulations may specify.”” "120: Page 34, line 27, leave out sub-paragraph (1) and insert-""““(1) If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land.””""121: Page 35, line 21, leave out sub-paragraph (6) and insert-""““(6) A commons registration authority may only register land under sub-paragraph (1) acting on-"
(a) the application of any person made before such date as regulations may specify; or
(b) a proposal made and published by the authority before such date as regulations may specify.”” "122: Page 35, line 26, leave out sub-paragraph (1) and insert-""““(1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land and register it in its register of town or village greens.””""123: Page 35, line 39, leave out sub-paragraph (3) and insert-""““(3) A commons registration authority may only remove and register land under sub-paragraph (1) acting on-"
(a) the application of any person made before such date as regulations may specify; or
(b) a proposal made and published by the authority before such date as regulations may specify.”” "124: Page 35, line 42, at end insert-"
““Buildings registered as common land "3A (1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of common land.""(2) This paragraph applies to land where-"
(a) the land was provisionally registered as common land under section 4 of the 1965 Act;
(b) on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;
(c) the provisional registration became final; and
(d) since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building. "(3) A commons registration authority may only remove land under sub-paragraph (1) acting on-"
(a) the application of any person made before such date as regulations may specify; or
(b) a proposal made and published by the authority before such date as regulations may specify.”” "125: Page 35, line 44, leave out sub-paragraph (1) and insert-""““(1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land.""126: Page 36, line 5, leave out from ““was”” to end of line 7 and insert ““provisionally registered as common land under section 4 of the 1965 Act””""127: Page 36, line 20, leave out sub-paragraph (3) and insert-""““(3) A commons registration authority may only remove land under sub-paragraph (1) acting on-"
(a) the application of any person made before such date as regulations may specify; or
(b) a proposal made and published by the authority before such date as regulations may specify.”” "128: Page 36, line 23, at end insert-"
““Buildings registered as town or village green "4A (1) If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of town or village greens.""(2) This paragraph applies to land where-"
(a) the land was provisionally registered as a town or village green under section 4 of the 1965 Act;
(b) on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;
(c) the provisional registration became final; and
(d) since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building. "(3) A commons registration authority may only remove land under sub-paragraph (1) acting on-"
(a) the application of any person made before such date as regulations may specify; or
(b) a proposal made and published by the authority before such date as regulations may specify.”” "129: Page 36, line 25, leave out sub-paragraph (1) and insert-""““(1) If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of town or village greens.””""130: Page 36, line 32, leave out from ““was”” to end of line 34 and insert ““provisionally registered as a town or village green under section 4 of the 1965 Act””""131: Page 37, line 7, leave out sub-paragraph (4) and insert-""““(4) A commons registration authority may only remove land under sub-paragraph (1) acting on-"
(a) the application of any person made before such date as regulations may specify; or
(b) a proposal made and published by the authority before such date as regulations may specify.”” "132: Schedule 5, page 42, line 35, leave out ““association”” and insert ““council””""133: Schedule 6, page 46, line 4, at end insert-"
| “Commons Act 1876 (c. 56) |
Section 31.” |
"134: Page 46, line 16, at end insert-"
““PART 4
REPEAL RELATING TO SCHEMES UNDER THE COMMONS ACT 1899
| Short title and chapter |
Extent of repeal |
| Commons Act 1899 (c. 30) |
In section 1(3), the words from “, and for” to the end. |
PART 5
REPEAL RELATING TO VEHICULAR ACCESS
| Short title and chapter |
Extent of repeal |
| Countryside and Rights of Way Act 2000 (c. 37) |
Section 68.” |
"135: In the Title, line 1, at end insert ““; and for connected purposes””"