 House of Commons |
Session 2005-06 Publications on the internet Index of Amendments |
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Notices of Amendments given on Friday 23rd June 2006 Consideration of Bill Commons Bill [Lords], As Amended Vehicular access Secretary David Miliband NC1 To move the following Clause:— ‘Section 68 of the Secretary David Miliband 1 Page 3, line 6 [Clause 5], leave out paragraph (c). Secretary David Miliband 2 Page 4, line 1 [Clause 7], after ‘land’ insert ‘to which this Part applies’. Secretary David Miliband 3 Page 4, line 3 [Clause 7], after first ‘land’ insert ‘to which this Part applies’. Secretary David Miliband 4 Page 7, line 30 [Clause 15], after ‘land’ insert ‘to which this Part applies’. Secretary David Miliband 5 Page 7, line 33 [Clause 15], leave out ‘local inhabitants’ and insert ‘the inhabitants of any locality, or of any neighbourhood within a locality,’. Secretary David Miliband 6 Page 7, line 38 [Clause 15], leave out ‘local inhabitants’ and insert ‘the inhabitants of any locality, or of any neighbourhood within a locality,’. Secretary David Miliband 7 Page 7, line 44 [Clause 15], after ‘applies’ insert ‘(subject to subsection (4A))’. Secretary David Miliband 8 Page 8, line 1 [Clause 15], leave out ‘local inhabitants’ and insert ‘the inhabitants of any locality, or of any neighbourhood within a locality,’. Secretary David Miliband 9 Page 8, line 5 [Clause 15], leave out from ‘paragraph (b)’ to end of line 7. Secretary David Miliband 10 Page 8, line 7 [Clause 15], at end insert— ‘(4A) Subsection (4) does not apply in relation to any land where— (a) planning permission was granted before 23 June 2006 in respect of the land; (b) construction works were commenced before that date in accordance with that planning permission on the land or any other land in respect of which the permission was granted; and (c) the land— (i) has by reason of any works carried out in accordance with that planning permission become permanently unusable by members of the public for the purposes of lawful sports and pastimes; or (ii) will by reason of any works proposed to be carried out in accordance with that planning permission become permanently unusable by members of the public for those purposes.’. Secretary David Miliband 11 Page 9, line 6 [Clause 16], at end insert— ‘(aa) the replacement land must be land to which this Part applies;’. Secretary David Miliband 12 Page 10, line 38 [Clause 17], leave out ‘Part 1 of’. Secretary David Miliband 13 Page 11, line 35 [Clause 19], at end insert ‘and it is immaterial for the purposes of this section whether a mistake was made before or after the commencement of this section’. Secretary David Miliband 14 Page 13, line 38 [Clause 24], after ‘Schedule 1’ insert— ‘(ba) paragraph 1A or 1B of Schedule 2’. Secretary David Miliband 15 Page 13, line 41 [Clause 24], at end insert— ‘( ) An application made for the purposes of any of— (a) sections 6, 7, 10, 11, 12, 13 and 15, and (b) paragraph 1 or 3 of Schedule 1, shall, subject to any provision made by or under this Part, be granted.’. Secretary David Miliband 16 Page 14, line 6 [Clause 24], after ‘section 19’ insert ‘, Schedule 2’. Secretary David Miliband 17 Page 15, line 15 [Clause 26], leave out ‘association’ and insert ‘council’. Secretary David Miliband 18 Page 15, line 16 [Clause 26], leave out ‘association’ and insert ‘council’. Secretary David Miliband 19 Page 15, line 17 [Clause 26], leave out ‘association’ and insert ‘council’. Secretary David Miliband 20 Page 15, line 18 [Clause 26], leave out ‘association’ and insert ‘council’. Secretary David Miliband 21 Page 15, line 19 [Clause 26], leave out ‘association’ and insert ‘council’. Secretary David Miliband 22 Page 15, line 22 [Clause 27], leave out ‘association’ and insert ‘council’. Secretary David Miliband 23 Page 15, line 37 [Clause 27], after ‘common’ insert ‘(and in particular persons exercising rights of common)’. Secretary David Miliband 24 Page 16, line 3 [Clause 28], leave out ‘association’ and insert ‘council’. Secretary David Miliband 25 Page 16, line 5 [Clause 28], leave out ‘association’ and insert ‘council’. Secretary David Miliband 26 Page 16, line 7 [Clause 28], leave out ‘association’ and insert ‘council’. Secretary David Miliband 27 Page 16, line 11 [Clause 29], leave out ‘associations’ and insert ‘councils’. Secretary David Miliband 28 Page 16, line 13 [Clause 29], leave out ‘association’ and insert ‘council’. Secretary David Miliband 29 Page 16, line 16 [Clause 29], leave out ‘association’ and insert ‘council’. Secretary David Miliband 30 Page 16, line 21 [Clause 29], leave out ‘association’ and insert ‘council’. Secretary David Miliband 31 Page 16, line 33 [Clause 30], leave out ‘association’ and insert ‘council’. Secretary David Miliband 32 Page 16, line 37 [Clause 30], leave out ‘association’ and insert ‘council’. Secretary David Miliband 33 Page 16, line 38 [Clause 30], leave out ‘association’ and insert ‘council’. Secretary David Miliband 34 Page 16, line 39 [Clause 30], leave out ‘association’ and insert ‘council’. Secretary David Miliband 35 Page 16, line 41 [Clause 30], leave out ‘association’ and insert ‘council’. Secretary David Miliband 36 Page 17, line 21 [Clause 30], leave out ‘association’ and insert ‘council’. Secretary David Miliband 37 Page 17, line 24 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 38 Page 17, line 27 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 39 Page 17, line 30 [Clause 31], leave out ‘an association’ and insert ‘a commons council’. Secretary David Miliband 40 Page 17, line 32 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 41 Page 17, line 33 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 42 Page 17, line 37 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 43 Page 18, line 3 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 44 Page 18, line 4 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 45 Page 18, line 7 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 46 Page 18, line 11 [Clause 31], leave out ‘association’ and insert ‘council’. Secretary David Miliband 47 Page 18, line 22 [Clause 32], leave out ‘association’ and insert ‘council’. Secretary David Miliband 48 Page 18, line 30 [Clause 32], leave out ‘association’ and insert ‘council’. Secretary David Miliband 49 Page 18, line 33 [Clause 32], leave out ‘association’ and insert ‘council’. Secretary David Miliband 50 Page 18, line 34 [Clause 32], leave out ‘association’ and insert ‘council’. Secretary David Miliband 51 Page 18, line 35 [Clause 32], leave out ‘association’ and insert ‘council’. Secretary David Miliband 52 Page 18, line 38 [Clause 33], leave out ‘association’ and insert ‘council’. Secretary David Miliband 53 Page 18, line 41 [Clause 33], leave out ‘association’ and insert ‘council’. Secretary David Miliband 54 Page 19, line 1 [Clause 33], leave out ‘association’ and insert ‘council’. Secretary David Miliband 55 Page 19, line 5 [Clause 33], leave out ‘association’ and insert ‘council’. Secretary David Miliband 56 Page 19, line 6 [Clause 33], leave out ‘association’ and insert ‘council’. Secretary David Miliband 57 Page 19, line 9 [Clause 33], leave out ‘association’ and insert ‘council’. Secretary David Miliband 58 Page 19, line 16 [Clause 33], leave out ‘association’ and insert ‘council’. Secretary David Miliband 59 Page 19, line 19 [Clause 33], leave out ‘association’ and insert ‘council’. Secretary David Miliband 60 Page 19, line 34 [Clause 34], leave out ‘association’ and insert ‘council’. Secretary David Miliband 61 Page 19, line 43 [Clause 34], leave out ‘association’ and insert ‘council’. Secretary David Miliband 62 Page 20, line 1 [Clause 34], leave out ‘association’ and insert ‘council’. Secretary David Miliband 63 Page 20, line 4 [Clause 34], leave out ‘association’ and insert ‘council’. Secretary David Miliband 64 Page 20, line 12 [Clause 35], leave out ‘association’ and insert ‘council’. Secretary David Miliband 65 Page 20, line 13 [Clause 35], leave out ‘association’ and insert ‘council’. Secretary David Miliband 66 Page 20, line 19 [Clause 35], leave out ‘association’ and insert ‘council’. Secretary David Miliband 67 Page 20, line 24 [Clause 35], leave out ‘association’ and insert ‘council’. Secretary David Miliband 68 Page 20, line 30 [Clause 36], leave out ‘association’ and insert ‘council’. Secretary David Miliband 69 Page 21, line 10 [Clause 37], leave out ‘association’ and insert ‘council’. Secretary David Miliband 70 Page 21, line 12 [Clause 37], leave out ‘association’ and insert ‘council’. Secretary David Miliband 71 Page 21, line 13 [Clause 37], leave out ‘association’ and insert ‘council’. Secretary David Miliband 72 Page 21, line 15 [Clause 37], leave out ‘association’ and insert ‘council’. Secretary David Miliband 73 Page 21, line 20 [Clause 37], leave out ‘association’ and insert ‘council’. Secretary David Miliband 74 Page 21, line 22 [Clause 37], leave out ‘association’ and insert ‘council’. Secretary David Miliband 75 Page 21, line 25 [Clause 37], leave out ‘association’ and insert ‘council’. Secretary David Miliband 76 Page 25, line 18 [Clause 43], at end insert— ‘(4A) Where— (a) any land was at any time before the commencement of
this section land to which section 194 of the (b) at any such time that section ceased to apply to the land by virtue of subsection (3)(a) of that section, the appropriate national authority may by order provide that section 38 is not to apply to the carrying out of works, or works of a description specified in the order, on that land.’. Secretary David Miliband 77 Page 25, line 24 [Clause 43], leave out ‘subsection (1) or (5)’ and insert ‘this section’. Secretary David Miliband 78 Page 25, line 31 [Clause 44], leave out subsection (2) and insert— ‘(2) A national authority may for any purpose specified in subsection (2A) by order amend— (a) any local or personal Act passed before this Act which contains provision for that authority to consent to works on land which is common land; and (b) any Act made under the (2A) The purposes referred to in subsection (2) are— (a) that of securing that sections 39 and 40 apply to an application for the consent referred to in paragraph (a) or (b) of subsection (2) as they apply to an application for consent under section 38(1); (b) that of securing that section 41 applies in relation to the carrying out of works in contravention of the provision referred to in paragraph (a) or (b) of subsection (2) as it applies to works carried out in contravention of section 38(1).’. Secretary David Miliband 79 Page 25, line 34 [Clause 44], after ‘subsection (2)’ insert— ‘“national authority” means— (a) the Secretary of State; and (b) the National Assembly for Wales;’. Secretary David Miliband 80 Page 25, line 39 [Clause 44], leave out subsections (4) and (5). Secretary David Miliband 81 Page 27, line 8 [Clause 46], leave out ‘association’ and insert ‘council’. Secretary David Miliband 82 Page 27, line 18 [Clause 46], leave out ‘association’ and insert ‘council’. Secretary David Miliband 83 Page 31, line 36 [Clause 57], leave out ‘1’ and insert ‘1(4)’. Secretary David Miliband 84 Page 32, line 29 [Clause 60], leave out ‘association’ in both places it occurs and insert ‘council’. Secretary David Miliband 85 Page 34, line 8 [Schedule 1], leave out ‘association’ and insert ‘council’. Secretary David Miliband 86 Page 34, line 19 [Schedule 1], leave out ‘association’ and insert ‘council’. Secretary David Miliband 87 Page 34, line 32 [Schedule 1], leave out ‘association’ and insert ‘council’. Secretary David Miliband 88 Page 34, line 33 [Schedule 1], leave out ‘association’ and insert ‘council’. Secretary David Miliband 89 Page 34, line 35 [Schedule 1], leave out ‘association’ and insert ‘council’. Secretary David Miliband 90 Page 35, line 2 [Schedule 1], leave out ‘association’ and insert ‘council’. Secretary David Miliband 91 Page 35, line 17 [Schedule 1], leave out ‘association’ and insert ‘council’. Secretary David Miliband 92 Page 36, line 9, [Schedule 1], after ‘include’ insert ‘(a)’. Secretary David Miliband 93 Page 36, line 11, [Schedule 1], leave out ‘consent obtained’ and insert— ‘(b) provision as to the circumstances in which consent may be regarded as having been obtained’. Secretary David Miliband 94 Page 36, line 11, [Schedule 1], at end insert— ‘( ) Provision referred to in sub-paragraph (5)(b) may include— (a) provision for consent to be regarded as having been obtained if it is withheld unreasonably; (b) provision for the circumstances in which consent is to be regarded as withheld unreasonably; (c) provision for the resolution of disputes.’. Secretary David Miliband 95 Page 36, line 33, [Schedule 2], at end insert— ‘Non-registration of common land 1A (1) If a commons registration authority is satisfied that any land not registered as common land or as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as common land in its register of common land. (2) This paragraph applies to any land which— (a) was not at any time finally registered as common land or as a town or village green under the 1965 Act; (b) is land which is— (c) is land to which this Part applies; and (d) satisfies such other conditions as regulations may specify. (3) A commons registration authority may only register land under sub-paragraph (1) acting on— (a) the application of any person made before such date as regulations may specify; or (b) a proposal made and published by the authority before such date as regulations may specify.’. Non-registration of town or village green 1B (1) If a commons registration authority is satisfied that any land not registered as a town or village green or as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, register the land as a town or village green in its register of town or village greens. (2) This paragraph applies to any land which— (a) on 31 July 1970 was land allotted by or under any Act for the exercise or recreation of the inhabitants of any locality; (b) was not at any time finally registered as a town or village green or as common land under the 1965 Act; (c) continues to be land allotted as specified in sub-paragraph (a); (d) is land to which this Part applies; and (e) satisfies such other conditions as regulations may specify. (3) A commons registration authority may only register land under sub-paragraph (1) acting on— (a) the application of any person made before such date as regulations may specify; or (b) a proposal made and published by the authority before such date as regulations may specify.’. |
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| © Parliamentary copyright 2006 | Prepared: 26 June 2006 |