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| | [first and second Sittings]
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| | | (1) | during proceedings on the Commons Bill [Lords] the Standing Committee |
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| | | shall (in addition to its first meeting on Tuesday 25th April at 10.30 a.m.) |
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| | | (a) | Tuesday 25th April at 4.00 p.m.; |
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| | | (b) | Thursday 27th April at 9.00 a.m. and 1.00 p.m.; |
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| | | (2) | the proceedings on the Bill shall (so far as not previously concluded) be |
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| | | brought to a conclusion at 4.00 p.m. on Thursday 27th April. |
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| | | Clauses 1 and 2 Agreed to. |
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| | Clause 3, page 2, line 15, leave out subsection (5). |
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| | Clause 4, page 2, line 37, at end insert— |
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| | | ‘(4) | By agreement a local authority may delegate its responsibility as a commons |
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| | | registration authority to another commons registration authority.’. |
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| | | Clauses 5 to 13 Agreed to. |
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| | Clause 14, page 7, line 14, leave out ‘made under or pursuant to any enactment’. |
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| | Clause 14, page 7, line 21, at end add— |
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| | | ‘(6) | Any land acquired under subsection (3) should be contiguous with or accessible |
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| | | for the rights holder to exercise his rights.’. |
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| | Clause 15, page 7, line 24, leave out ‘or (3)’ and insert ‘, (3) or (3A)’ |
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| | Clause 15, page 7, line 24, at end insert— |
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| | | ‘( ) | subsection (1) does not apply to land for which at commencement— |
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| | | (a) | planning consent has been granted, or |
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| | | (b) | an application for registration as a town or village green has been refused |
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| | | within a period of five years.’. |
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| | Clause 15, page 7, line 33, after ‘application’ insert ‘but after the commencement |
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| | Clause 15, page 7, line 34, leave out ‘the relevant period’ and insert ‘the period of |
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| | two years beginning with the cessation referred to in paragraph (b)’ |
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| | Clause 15, page 7, line 34, at end insert— |
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| | | ‘(3A) | This subsection applies where— |
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| | | (a) | a significant number of local inhabitants indulged as of right in lawful |
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| | | sports and pastimes on the land for a period of at least 20 years; |
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| | | (b) | they ceased to do so before the commencement of this section; |
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| | | (c) | the application is made within the period of five years beginning with the |
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| | | cessation referred to in paragraph (b); and |
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| | | (d) | the land was neither covered by a building nor within the curtilage of a |
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| | | building on 18 April 2006.’ |
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| | Clause 15, page 7, line 35, leave out ‘and (3)(a)’ and insert ‘, (3)(a) and (3A)(a)’ |
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| | Clause 15, page 7, line 44, leave out subsection (5)(b). |
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| | Clause 15, page 8, line 3, leave out subsection (6) |
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| | Clause 15, page 8, line 4, leave out subsection (6)(a). |
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| | Clause 15, page 8, line 8, leave out ‘two years’ and insert ‘one year’. |
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| | Clause 15, page 8, line 14, at end insert— |
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| | | ‘( ) | before agreeing to register any land the registration authority must take |
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| | | reasonable steps to inform the owner of any part of the land and consider |
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| | | whether the owner(s) has taken reasonable steps to prevent the land being |
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| | | used as described in subsections (2) and (3).’. |
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| | Clause 15, page 8, line 14, at end insert— |
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| | | ‘( ) | before registration of any land the registration authority must consider |
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| | | whether the owner(s) of that land shall be able to show that the users of |
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| | | the land were informed throughout the period that consent to such use |
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| | | was temporary and would not give rise to permanent rights.’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 16, page 8, line 32, leave out subsection (2). |
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| | Clause 16, page 8, line 33, at end insert— |
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| | | ‘(2A) | If an application for release land of not more than 200 square metres is made less |
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| | | than 10 years after an application has been granted for the release of other land |
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| | | within a distance of 50 metres of it, then, regardless of any change of ownership |
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| | | that may have occurred during that period, the application must include a |
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| | | proposal under subsection (3).’. |
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| | Clause 16, page 8, line 37, leave out subsection (4). |
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| | Clause 16, page 8, line 41, after ‘green’, insert ‘or already be any other public open |
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| | | (aa) | the replacement land is not less in area and is equally advantageous to the |
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| | | persons (if any) entitled to rights of common or other rights, and to the |
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| | Clause 16, page 9, line 6, at end insert— |
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| | | ‘(e) | whether the alternative land is no less in area and equally advantageous |
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| | Clause 16, page 9, line 8, leave out ‘not more that 200 square metres in area’ and |
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| | insert ‘less than the area to be released’. |
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| | Clause 17, page 9, line 37, at end insert— |
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| | | ‘(c) | to ensure that land is contiguous with or accessible to the holder of |
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| | Clause 19, page 11, line 14, at end insert— |
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| | | ‘(i) | the extent of any land registered as common land as a town or |
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| | | village green save for the purpose of adding only to the |
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| | | Commons Register land that immediately prior to the entry into |
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| | | force of the Commons Registration Act 1965 was common land |
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| | | pursuant to a Statute still in force at the date hereof and provided |
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| | | the said land but for inadvertent non-compliance with the |
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| | | requirement to register the said land under the Commons |
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| | | Registration Act 1965 has since continued uninterruptedly |
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| | | subject to the same rights thereover and has remained common |
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| | | land to this day and has been treated and used as such;’. |
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| | Clause 19, page 11, line 15, leave out sub-paragraph (2)(b)(i). |
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| | Clause 19, page 11, line 17, leave out subparagraph (2)(b)(ii). |
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| | Clause 19, page 11, line 19, at end insert— |
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| | | ‘(e) | updating any entry in the register relating to land registered as common |
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| | | land or as a town or village green to take account of accretion or |
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| | Clause 19, page 11, line 22, at end insert— |
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| | | ‘(c) | entries resulting from fraudulent declarations by the owner of the rights |
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| | | at the time of registration.’. |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 20 to 24 Agreed to. |
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| | Clause 24, page 14, line 14, leave out ‘particular’ and insert ‘description of’ |
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| | | Clause, as amended, Agreed to. |
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| | Clause 26, page 15, line 5, leave out ‘association’ and insert ‘council’. |
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| | Clause 27, page 15, line 12, at end insert— |
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| | | ‘( ) | an application to form a commons association should be legislated to a |
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| | | person or persons with a registered right on that common, the owner of |
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| | | the common, or some other persons with a right on that common.’. |
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| | Clause 27, page 15, line 28, after ‘land’, insert ‘(and in particular persons actually |
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| | exercising rights of common over it)’. |
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| | Clause 27, page 15, line 30, at end add ‘(and in particular persons exercising rights |
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| | | Clauses 28 and 29 Agreed to. |
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| | Clause 30, page 16, line 27, at end insert— |
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| | | ‘(1A) | Such constitution or order under section 26 should ensure that holders of rights |
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| | | on the common have a majority.’. |
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| | Clause 30, page 16, line 29, at end insert— |
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| | | ‘( ) | the proportion of members of the association who should be owners of |
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| | Clause 30, page 16, line 33, at end insert— |
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| | | ‘(e) | the holding of meetings in public’. |
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| | Clause 30, page 16, line 35, leave out paragraph (3)(a) and insert— |
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| | | ‘(a) | the election of at least half the members of the association; |
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| | | (aa) | the local community from which members are to be drawn and the role |
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| | | of representatives of town and parish councils’. |
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| | Clause 30, page 16, line 41, at end insert— |
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| | | ‘(h) | membership of the association consisting of common rights holders, the |
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| | | owner of the land, tenants and holders of sporting rights.’. |
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| | Clause 31, page 17, line 43, at end insert— |
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