S.C.D.
Amendment Paper as at
Tuesday 25th April 2006
STANDING COMMITTEE D
COMMONS BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Jim Knight.
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 24th April (Standing Order No. 83C):
That—
(1) during proceedings on the Commons Bill [Lords] the Standing Committee shall (in addition to its first meeting on Tuesday 25th April at 10.30 a.m.) meet on—
| (a) | Tuesday 25th April at 4.00 p.m.; |
| (b) | Thursday 27th April at 9.00 a.m. and 1.00 p.m.; |
(2) the proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 27th April.
Mr Jim Knight has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
94
Clause 3, page 2, line 15, leave out subsection (5).
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
95
Clause 4, page 2, line 37, at end insert—
'(4) By agreement a local authority may delegate its responsibility as a commons registration authority to another commons registration authority.'.
David Maclean
92
Clause 14, page 7, line 14, leave out 'made under or pursuant to any enactment'.
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
96
Clause 14, page 7, line 21, at end add—
'(6) Any land acquired under subsection (3) should be contiguous with or accessible for the rights holder to exercise his rights.'.
Mr Jim Knight
1
Clause 15, page 7, line 24, leave out 'or (3)' and insert ', (3) or (3A)'
Mr James Paice
42
Clause 15, page 7, line 24, at end insert—
'( ) subsection (1) does not apply to land for which at commencement—
| (a) | planning consent has been granted, or |
| (b) | an application for registration as a town or village green has been refused within a period of five years.'. |
Mr Jim Knight
2
Clause 15, page 7, line 33, after 'application' insert 'but after the commencement of this section'
Mr Jim Knight
3
Clause 15, 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)'
Mr Jim Knight
4
Clause 15, page 7, line 34, at end insert—
'(3A) This subsection applies where—
| (a) | a significant number of local inhabitants 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; |
| (c) | the application is made within the period of five years beginning with the cessation referred to in paragraph (b); and |
| (d) | the land was neither covered by a building nor within the curtilage of a building on 18 April 2006.' |
Mr Jim Knight
5
Clause 15, page 7, line 35, leave out 'and (3)(a)' and insert ', (3)(a) and (3A)(a)'
Mr James Paice
43
Clause 15, page 7, line 44, leave out subsection (5)(b).
Mr Jim Knight
6
Clause 15, page 8, line 3, leave out subsection (6)
Mr James Paice
44
Clause 15, page 8, line 4, leave out subsection (6)(a).
Mr James Paice
45
Clause 15, page 8, line 8, leave out 'two years' and insert 'one year'.
Mr James Paice
46
Clause 15, page 8, line 14, at end insert—
| '( ) | before agreeing to register any land the registration authority must take reasonable steps to inform the owner of any part of the land and consider whether the owner(s) has taken reasonable steps to prevent the land being used as described in subsections (2) and (3).'. |
Mr James Paice
47
Clause 15, page 8, line 14, at end insert—
| '( ) | before registration of any land the registration authority must consider whether the owner(s) of that land shall be able to show that the users of the land were informed throughout the period that consent to such use was temporary and would not give rise to permanent rights.'. |
Paddy Tipping
Mr David Drew
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
32
Clause 16, page 8, line 32, leave out subsection (2).
Mr David Drew
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
71
Clause 16, page 8, line 33, at end insert—
'(2A) If an application for release land of not more than 200 square metres is made less than 10 years after an application has been granted for the release of other land within a distance of 50 metres of it, then, regardless of any change of ownership that may have occurred during that period, the application must include a proposal under subsection (3).'.
Paddy Tipping
Mr David Drew
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
33
Clause 16, page 8, line 37, leave out subsection (4).
Mr David Drew
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
72
Clause 16, page 8, line 41, after 'green', insert 'or already be any other public open space;
| (aa) | the replacement land is not less in area and is equally advantageous to the persons (if any) entitled to rights of common or other rights, and to the public;'. |
Mr David Drew
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
70
Clause 16, page 9, line 6, at end insert—
| '(e) | whether the alternative land is no less in area and equally advantageous as the land taken'. |
Paddy Tipping
Mr David Drew
34
Clause 16, page 9, line 8, leave out 'not more that 200 square metres in area' and insert 'less than the area to be released'.
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
97
Clause 17, page 9, line 37, at end insert—
| '(c) | to ensure that land is contiguous with or accessible to the holder of rights.'. |
Mr James Paice
64
Clause 19, page 11, line 14, at end insert—
| '(i) | the extent of any land registered as common land as a town or village green save for the purpose of adding only to the Commons Register land that immediately prior to the entry into force of the Commons Registration Act 1965 was common land pursuant to a Statute still in force at the date hereof and provided the said land but for inadvertent non-compliance with the requirement to register the said land under the Commons Registration Act 1965 has since continued uninterruptedly subject to the same rights thereover and has remained common land to this day and has been treated and used as such;'. |
Paddy Tipping
Mr David Drew
35
Clause 19, page 11, line 15, leave out sub-paragraph (2)(b)(i).
Mr James Paice
48
Clause 19, page 11, line 17, leave out subparagraph (2)(b)(ii).
Mr Jim Knight
7
Clause 19, page 11, line 19, at end insert—
| '(e) | updating any entry in the register relating to land registered as common land or as a town or village green to take account of accretion or diluvion.' |
Mr James Paice
49
Clause 19, page 11, line 22, at end insert—
| '(c) | entries resulting from fraudulent declarations by the owner of the rights at the time of registration.'. |
Mr Jim Knight
8
Clause 24, page 14, line 14, leave out 'particular' and insert 'description of'
Mr James Paice
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
50
Clause 26, page 15, line 5, leave out 'association' and insert 'council'.
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
99
Clause 27, page 15, line 12, at end insert—
| '( ) | an application to form a commons association should be legislated to a person or persons with a registered right on that common, the owner of the common, or some other persons with a right on that common.'. |
Mr James Paice
61
Clause 27, page 15, line 28, after 'land', insert '(and in particular persons actually exercising rights of common over it)'.
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
100
Clause 27, page 15, line 30, at end add '(and in particular persons exercising rights of common over it).'.
