sc1152704.236-242

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.D.  Standing Committee Proceedings: 27th April 2006
236

Commons Bill–[ [], continued

possession of the estate for a period of not less than ten years ending on

the date of application.

(2A)
The land registered in accordance with subsection (2)(c) shall vest in the local

authority under this section together with section 10 of the Open Spaces Act 1906

(c. 25) (maintenance of open spaces and burial grounds by local authority) or, if

that is the case, the Commons Act 1899 (c. 30).’.

Mr David Drew

Not called  86

Clause  45,  page  26,  line  7,  at end insert ‘; and

(d)
a national park authority or area of outstanding natural beauty

conservation board’.

Mr David Drew

Not called  87

Clause  45,  page  26,  line  7,  at end insert—

‘(4)
If the land is regulated in accordance with a scheme under the Commons Act 1899

(c. 30), a parish or community council may only apply for registration in

accordance with subsection (2)(c) if the powers of management of the scheme

have been delegated to that council.’.

Chris Huhne

Mr Roger Williams

Mr Dan Rogerson

Mr David Drew

Not called  104

Clause  45,  page  26,  line  7,  at end add—

‘(4)
Where subsection (1) applies and a commons association established under Part

2 does not exist in relation to the land, a local authority may assume and exercise

any of the rights of management of the land which would otherwise be held by

the owner, until such time as a commons association exists or the owner is

identified.’.

Clause Agreed to.

Mr David Drew

Withdrawn  88

Clause  46,  page  27,  line  11,  at end insert—

‘(7A)
An order made under paragraph (b) of subsection (7) may authorise the relevant

authority to carry out any requirement of an order which a person on whom a

notice is served under this section has failed to comply with and to recover from

that person the costs reasonably incurred by the relevant authority in doing so.’.

Clause Agreed to.

Clauses 47 to 59 Agreed to.

S.C.D.  Standing Committee Proceedings: 27th April 2006
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Commons Bill–[ [], continued

Mr Jim Knight

Agreed to  38

Clause  60,  page  31,  line  35,  leave out subsection (2).

Clause, as amended, Agreed to.

New Clauses

Notice of inclosure

Mr Jim Knight

Added  nc1

To move the following Clause:—

‘(1)
Section 31 of the Commons Act 1876 (c. 56) (three months’ notice of claim to

inclose to be given in local papers) shall cease to have effect.

(2)
In section 3 of the Metropolitan Commons Act 1878 (c. 71), for “Sections thirty

and thirty-one” substitute “Section 30”.’

Schemes under the Commons Act 1899

Mr Jim Knight

Added  nc2

To move the following Clause:—

‘(1)
The Commons Act 1899 (c. 30) is amended as follows.

(2)
In section 1 (power of councils to make schemes for the regulation of

commons)—

(a)
in subsection (1), for the words from “their district” to the end substitute

“in the public interest”;

(b)
after that subsection insert—

“(1A)
In subsection (1), the reference to the public interest includes the

public interest in—

(a)
nature conservation;

(b)
the conservation of the landscape;

(c)
the protection of public rights of access to any area of

land; and

(d)
the protection of archaeological remains and features of

historic interest.”

(3)
In that section, in subsection (3), omit the words from “, and for” to the end.

(4)
In that section, after subsection (3) insert—

“(4)
Regulations under subsection (3) may—

(a)
prescribe alternative forms;

S.C.D.  Standing Committee Proceedings: 27th April 2006
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Commons Bill–[ [], continued

(b)
permit exceptions or modifications to be made to any prescribed

form.”

(5)
In section 2 (procedure for making scheme)—

(a)
for subsections (1) to (3) and the first paragraph of subsection (4)

substitute—

“(1)
A council is to make and approve a scheme under this Part of this

Act in the prescribed manner.”;

(b)
renumber the second paragraph of subsection (4) as subsection (2).

(6)
For section 9 (power to amend scheme) substitute—

“9
Power to amend or revoke scheme

(1)
A scheme under this Part of this Act for any common may, in prescribed

circumstances, be amended in the prescribed manner.

(2)
A scheme under this Part of this Act for any common may, where a new

scheme is made under this Part of this Act for the whole of that common,

be revoked in the prescribed manner.”

(7)
For section 10 (byelaws) substitute—

“10
Byelaws

(1)
A council which has made a scheme under this Part of this Act in relation

to any common may make byelaws for the prevention of nuisances and

the preservation of order on the common.

(2)
Sections 236 to 238 of the Local Government Act 1972 (which relate to

the procedure for making byelaws, authorise byelaws to impose fines not

exceeding level 2 on the standard scale, and provide for the proof of

byelaws in legal proceedings) apply to all byelaws under this section.”’

Membership

Mr David Drew

Paddy Tipping

Mr Paul Truswell

Not called  nc3

To move the following Clause:—

‘(1)
The membership of a commons association must reflect local interests.

(2)
At least half of the members must be elected.

(3)
At least half of the members must be resident in the area of the local authority in

which the common or town green is situated.’.

S.C.D.  Standing Committee Proceedings: 27th April 2006
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Commons Bill–[ [], continued

Duties of Natural England

Paddy Tipping

Mr David Drew

Mr Paul Truswell

Withdrawn  nc4

To move the following Clause:—

‘Natural England shall have a duty to promote the formation of statutory

commons associations, the wellbeing of common land and the creation of village

and town greens.’.

Advisory committees

Mr James Paice

Withdrawn  NC5

To move the following Clause:—

‘The appropriate national authority may appoint a committee of not more than 15

or less than seven members, representative of commoners and the public interest

in common land, to advise them on the discharge of their functions under this Act

or any related matter.’.

Rights of way on commons

Chris Huhne

Mr Roger Williams

Mr Dan Rogerson

Withdrawn  NC6

To move the following Clause:—

‘Where a vehicular track running through a common or village green, roadside

waste or verge can be shown to have existed and to have been used regularly by

persons gaining access to their property from the adopted public highway and by

visitors to such property since before 1st January 1966, such tracks shall from the

commencement be deemed to be roads subject to a public right of way and not

part of such commons, village greens or manorial wastes and shall vest in the

parish council within whose parish they lie.’.

Mr Jim Knight

Agreed to  26

Schedule  1,  page  32,  line  8,  at end insert ‘over which the right is exercisable’

S.C.D.  Standing Committee Proceedings: 27th April 2006
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Mr James Paice

Not called  41

Schedule  1,  page  32,  leave out lines 9 to 21.

Mr Roger Williams

Mr Dan Rogerson

Not called  108

Schedule  1,  page  32,  leave out lines 9 to 11 and insert—

‘(b)
in the absence of a commons association established for the land, all

the other dominant tenements in proportion to the rights already

existing on the land.’.

Mr James Paice

Not called  39

Schedule  1,  page  32,  line  21,  at end insert—

  ‘(2A)

(a)
where a person proposes to sever a right of common to which section

9 applies by transfer under sub-paragraph (1)(a) the commons

association may further transfer the right, with or without

consideration, to another person who holds rights of common attached

to land for the same common.

(b)
where a commons association transfers land under (2A)(a) it shall

cause the appropriate variation to the Register in accordance with

section 7.’.

Mr James Paice

Not called  40

Schedule  1,  page  32,  line  22,  after ‘sub-paragraph’, insert ‘(2A) or’.

Mr Jim Knight

Agreed to  27

Schedule  1,  page  32,  line  33,  at end insert—

  ‘(4A)
In a case where there is no commons association 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

association established for the land.’

Mr David Drew

Not called  69

Schedule  1,  page  32,  line  33,  at end insert—

  ‘(4A)
Subsection (4) shall not apply where Natural England or the Countryside

Council for Wales can show that severance is necessary to achieve favourable

condition of a Site of Special Scientific Interest notified under section 28(1) of

the Wildlife and Countryside Act 1981, as amended.’.

David Maclean

Chris Huhne

Mr Roger Williams

Mr Dan Rogerson

Withdrawn  105

Schedule  1,  page  33,  line  45,  leave out ‘and his consent obtained,’.

S.C.D.  Standing Committee Proceedings: 27th April 2006
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Commons Bill–[ [], continued

Mr James Paice

Chris Huhne

Mr Roger Williams

Mr Dan Rogerson

Not called  63

Schedule  1,  page  34,  line  3,  at end insert ‘including provision that the appropriate

national authority may deem that the consent of the owner of the land has been obtained

where it appears to the authority that such consent has been withheld unreasonably.’.

Schedule, as amended, Agreed to.

Mr David Drew

Withdrawn  89

Schedule  2,  page  36,  line  19,  at end insert—

  ‘(2A)
This paragraph does not apply to land owned or managed by a local authority,

board of conservators or charity as an open space.’.

Mr Jim Knight

Agreed to  28

Schedule  2,  page  36,  line  46,  after ‘registration’ insert—

‘(i)
the land was covered by a building or was within the curtilage of

a building; or

(ii)
’.

Mr David Drew

Not called  90

Schedule  2,  page  37,  line  6,  at end insert—

  ‘(3A)
This paragraph does not apply to land owned or managed by a local authority,

board of conservators or charity as an open space.’.

Schedule, as amended, Agreed to.

Schedule 3 Agreed to.

Paddy Tipping

Mr David Drew

Withdrawn  36

Schedule  4,  page  41,  line  28,  leave out ‘on or after 28th June 2005 but’.

Schedule Agreed to.

Schedule 5 Agreed to.

S.C.D.  Standing Committee Proceedings: 27th April 2006
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Mr Jim Knight

Agreed to  29

Schedule  6,  page  46,  line  4,  at end insert—

‘Commons Act 1876 (c. 56)
Section 31.’

Mr Jim Knight

Agreed to  30

Schedule  6,  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.’

Schedule, as amended, Agreed to.

Bill, as amended, to be reported.