S.C.D.
Amendment Paper as at
Thursday 27th April 2006
STANDING COMMITTEE D
COMMONS BILL [LORDS]
Mr James Paice
52
Clause 32, page 18, line 13, at end insert—
| '( ) | In exercising its powers under subsection (1) the association may appoint agents to act on its behalf and such agents may include voluntary commons associations which are members of the statutory body.'. |
Mr James Paice
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
62
Clause 32, page 18, line 15, at end insert 'including agreements with commons associations, or with such persons as the council considers to represent the interests of persons exercising rights of common over the land.'.
Mr David Drew
74
Clause 32, page 18, line 18, leave out paragraph (d).
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
102
Clause 32, page 18, line 18, at end insert—
| '( ) | make arrangements for the resolution of disputes;'. |
Mr James Paice
53
Clause 32, page 18, line 19, at end insert—
| '(f) | appoint tribunals for the resolution of disputes.'. |
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
103
Clause 32, page 18, line 19, at end insert—
| '(f) | establish tribunals.'. |
Mr David Drew
75
Clause 32, page 18, line 25, at end add—
'( ) The powers of a commons association to acquire land as specified in subsection (2)(d) includes a power to cause its registration as common land or as a town or village green'.
Mr David Drew
91
Clause 32, page 18, line 25, at end add—
'( ) The powers of a commons association to dispose of land as specified in subsection (2)(d) shall be subject to provisions of section 16 (Deregistration and exchange: applications) as if the association is the owner of the land.'.
Mr David Drew
77
Clause 36, page 20, line 20, after 'authority', insert 'after public advertisement and consideration of any representations'.
Mr David Drew
76
Clause 36, page 20, line 30, leave out paragraphs (c) and (d).
Mr James Paice
67
Clause 36, page 20, line 41, at end add—
'(4) Section 36(2)(e) shall not be taken to apply to the National Trust Acts 1907-1971'.
Mr James Paice
54
Clause 38, page 21, line 27, after 'of', insert 'materially'.
Mr James Paice
55
Clause 38, page 21, line 31, after 'of', insert 'permanent'.
Mr James Paice
56
Clause 38, page 21, line 33, at end insert—
| '(d) | the parking of vehicles used as accommodation.'. |
Mr Jim Knight
9
Clause 38, page 22, line 7, leave out from 'are' to end of line 8 and insert 'carried out under a power conferred in relation to that particular land by or under any enactment;'
Mr Jim Knight
10
Clause 38, page 22, line 9, leave out from 'where' to end of line 11 and insert 'the works are carried out under a power conferred by or under any enactment applying to common land;'
Mr Jim Knight
11
Clause 38, page 22, line 13, leave out 'the appropriate national authority' and insert 'any person'
Mr James Paice
57
Clause 38, page 22, line 16, at end insert—
| '( ) | works necessary to comply with management agreements between a statutory commons association and a public body.'. |
Mr James Paice
58
Clause 38, page 22, line 16, at end insert—
| '( ) | works which have been agreed by a statutory commons association as necessary for the welfare of animals.'. |
Mr James Paice
59
Clause 38, page 22, line 16, at end insert—
| '( ) | works which have been agreed by a statutory commons association as necessary to prevent the unlawful access of vehicles onto the common.'. |
Mr Jim Knight
12
Clause 38, page 22, line 17, leave out subsection (7) and insert—
'(7) In subsection (6)(a) the reference to an enactment does not include Part 2 of this Act.'
Mr Jim Knight
13
Clause 38, page 22, line 29, leave out from 'under' to end of line 31 and insert 'subsection (1) of this section constitutes consent for the purposes of that subsection only.'
Mr Jim Knight
14
Clause 39, page 23, line 12, leave out 'the person to whom the consent is given' and insert 'any person carrying out or proposing to carry out works in accordance with the consent'
Mr Jim Knight
15
Clause 39, page 23, line 13, at end insert—
'(5A) Regulations may specify a time limit for the making of applications under subsection (5).'
Mr James Paice
66
Clause 40, page 23, line 28, at end insert 'including guidelines on timescale for decision.'.
Mr Roger Williams
Mr Dan Rogerson
106
Clause 40, page 23, line 36, at end add—
| '(k) | for the appropriate national authority on receiving an application to be determined under sections 38(1) and 39(5) to inform the local authority that acts as the local planning authority for the area in which the works are proposed; |
| (l) | for any planning authority receiving an application for development on common land or a town or village green to bring such application to the attention of the appropriate national authority, community or town council and any of statutory or voluntary commons association.'. |
Mr Roger Williams
Mr Dan Rogerson
107
Clause 40, page 23, line 36, at end add—
| '(k) | for the national authority on receiving an application to be determined under sections 38(1) and 39(5) to inform the local authority that acts as the local planning authority for the area in which the works are proposed; |
| (l) | for any planning authority receiving an application for development on common land or a town or village green to bring such application to the attention of the relevant national authority, community or town council and any of statutory or voluntary commons association; |
| (m) | for any planning authority issuing permission for development on common land or a town or village green to include in such permission a condition precedent requiring the developer— |
| (i) | to apply to the national authority for permission pursuant to this Act; and |
| (ii) | where the land to be developed is common land, to inform any commons association with an interest in that land.'. |
Mr David Drew
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
78
Clause 41, page 23, line 40, at end insert—
'(1A) It is the duty of the commons registration authority to prevent, as far as possible, the unlawful encroachment on any common land for which it is the registration authority'.
Mr Jim Knight
16
Clause 41, page 23, line 41, leave out from 'order' to end of line 42
Mr Jim Knight
17
Clause 41, page 23, line 43, leave out 'to remove the works and restore' and insert 'for removal of the works and restoration of'
Mr Jim Knight
18
Clause 41, page 24, line 3, leave out 'to carry out the works' and insert 'for the works to be carried out'
Mr David Drew
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
79
Clause 41, page 24, line 4, at end add—
'(2A) If the person carrying out the works fails to comply with an order under this section, an eligible person may carry out any outstanding requirements of the order and recover from the person in default the costs reasonably incurred by the eligible person in doing so.
(2B) If an eligible person other than a local authority considers that outstanding requirements under subsection (2A) are beyond the capability or resources of that person, they may require an appropriate local authority to carry out those requirements.'.
Mr David Drew
Chris Huhne
Mr Roger Williams
Mr Dan Rogerson
80
Clause 41, page 24, line 4, at end add—
| (a) | If a person fails without reasonable excuse to comply with an order under subsection (2) above, he is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding one-twentieth of that level for each day on which the offence is so continued. |
| (b) | Where, after a person is convicted of an offence under paragraph (a) above, the local authority for the common concerned exercise any power to remove the cause of the obstruction, they may recover from that person the amount of any expenses reasonably incurred by them in, or in connection with, doing so.'. |
