|
| | |
|
| |
|
| |
| |
| |
| |
| [first and second Sittings]
|
|
| |
| | |
| | |
| | (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.) |
|
| | |
| | (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. |
|
| |
| | Clauses 1 and 2 Agreed to. |
|
| |
| |
| |
| |
| | |
| Clause 3, page 2, line 15, leave out subsection (5). |
|
| | |
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| 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.’. |
|
| | |
| | Clauses 5 to 13 Agreed to. |
|
| |
| |
| | |
| Clause 14, page 7, line 14, leave out ‘made under or pursuant to any enactment’. |
|
| |
| |
| |
| | |
| 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.’. |
|
| | |
| |
| |
| | |
| Clause 15, page 7, line 24, leave out ‘or (3)’ and insert ‘, (3) or (3A)’ |
|
| |
| | |
| 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.’. |
|
| |
| | |
| Clause 15, page 7, line 33, after ‘application’ insert ‘but after the commencement |
|
| |
| |
| | |
| 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)’ |
|
|
|
| |
| |
|
| |
| | |
| 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.’ |
|
| |
| | |
| Clause 15, page 7, line 35, leave out ‘and (3)(a)’ and insert ‘, (3)(a) and (3A)(a)’ |
|
| |
| | |
| Clause 15, page 7, line 44, leave out subsection (5)(b). |
|
| |
| | |
| Clause 15, page 8, line 3, leave out subsection (6) |
|
| |
| | |
| Clause 15, page 8, line 4, leave out subsection (6)(a). |
|
| |
| | |
| Clause 15, page 8, line 8, leave out ‘two years’ and insert ‘one year’. |
|
| |
| | |
| 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).’. |
|
| |
| | |
| 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.’. |
|
| | Clause, as amended, Agreed to. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| |
| |
| | |
| Clause 16, page 8, line 32, leave out subsection (2). |
|
| |
| |
| |
| |
| | |
| 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).’. |
|
| |
| |
| |
| |
| |
| | |
| Clause 16, page 8, line 37, leave out subsection (4). |
|
| |
| |
| |
| |
| | |
| Clause 16, page 8, line 41, after ‘green’, insert ‘or already be any other public open |
|
| |
| | (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 |
|
| | |
| |
| |
| |
| |
| | |
| Clause 16, page 9, line 6, at end insert— |
|
| | ‘(e) | whether the alternative land is no less in area and equally advantageous |
|
| | |
| |
| |
| | |
| 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’. |
|
|
|
| |
| |
|
| | |
| |
| |
| |
| |
| | |
| Clause 17, page 9, line 37, at end insert— |
|
| | ‘(c) | to ensure that land is contiguous with or accessible to the holder of |
|
| | |
| | |
| | |
| |
| |
| | |
| 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;’. |
|
| |
| |
| | |
| Clause 19, page 11, line 15, leave out sub-paragraph (2)(b)(i). |
|
| |
| | |
| Clause 19, page 11, line 17, leave out subparagraph (2)(b)(ii). |
|
| |
| | |
| 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 |
|
| | |
| |
| | |
| 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.’. |
|
| | Clause, as amended, Agreed to. |
|
| | Clauses 20 to 24 Agreed to. |
|
| |
| |
| | |
| Clause 24, page 14, line 14, leave out ‘particular’ and insert ‘description of’ |
|
| | Clause, as amended, Agreed to. |
|
| | |
| |
| |
| |
| |
| |
| | |
| Clause 26, page 15, line 5, leave out ‘association’ and insert ‘council’. |
|
| | |
| |
| |
| |
| |
| | |
| 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.’. |
|
| |
| | |
| Clause 27, page 15, line 28, after ‘land’, insert ‘(and in particular persons actually |
|
| exercising rights of common over it)’. |
|
| |
| |
| |
| | |
| Clause 27, page 15, line 30, at end add ‘(and in particular persons exercising rights |
|
| |
|
|
| |
| |
|
| | |
| | Clauses 28 and 29 Agreed to. |
|
| |
| |
| |
| |
| | |
| Clause 30, page 16, line 27, at end insert— |
|
| | ‘(1A) | Such constitution or order under section 26 should ensure that holders of rights |
|
| | on the common have a majority.’. |
|
| |
| | |
| Clause 30, page 16, line 29, at end insert— |
|
| | ‘( ) | the proportion of members of the association who should be owners of |
|
| | |
| |
| |
| |
| |
| | |
| Clause 30, page 16, line 33, at end insert— |
|
| | ‘(e) | the holding of meetings in public’. |
|
| |
| |
| |
| | |
| Clause 30, page 16, line 35, leave out paragraph (3)(a) and insert— |
|
| | ‘(a) | the election of at least half the members of the association; |
|
| | (aa) | the local community from which members are to be drawn and the role |
|
| | of representatives of town and parish councils’. |
|
| |
| | |
| Clause 30, page 16, line 41, at end insert— |
|
| | ‘(h) | membership of the association consisting of common rights holders, the |
|
| | owner of the land, tenants and holders of sporting rights.’. |
|
| | |
| |
| |
| | |
| Clause 31, page 17, line 43, at end insert— |
|
|