 House of Commons |
Session 2005-06 Publications on the internet Index of Amendments |
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Notices of Amendments given up to and including Tuesday 27th June 2006 New Amendments handed in are marked thus * Consideration of Bill Commons Bill [Lords], As Amended New ClauseS Vehicular access Secretary David Miliband NC1 To move the following Clause:— ‘Section 68 of the Stock proof fences Chris Huhne
NC2 * To move the following Clause:— ‘Occupiers of land used for any purposes adjacent to commons on which there are grazing rights must provide and maintain a stock proof fence against the common.’. 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’. Mr James Paice 112 Page 6, line 41 [Clause 13], after ‘greens’, insert ‘as attached to land’. Mr James Paice 113 Page 6, line 41 [Clause 13], at end insert ‘in consequence only of a disposition purportedly affecting a severance of that right in contravention of section 9(2).’. 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.’. As an Amendment to Secretary David Miliband’s proposed Amendment (No. 10):— Mr James Paice (A) * Line 4, leave out ‘construction’. 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;’. Chris Huhne
116 * Page 9, line 17 [Clause 16], at end insert— ‘(cc) the effect of any release or exchange in conjunction with the effect in relation to that land of any other release or exchange land for which consent has previously been given;’. 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’. Chris Huhne
122 * Page 18, line 20 [Clause 31], at end insert— ‘( ) Where a commons council consists of two or more voluntary commons associations the powers given to councils by this legislation and by regulation can be conferred to those associations.’. 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’. Mr James Paice 114 Page 21, line 36 [Clause 38], at end insert— ‘(2A) Subsection (2)(a) does not include works for the purposes of— (a) the safety of users of the Common; or (b) animal welfare; or (c) conservation; Provided that they are either— (i) necessary for immediate reasons whilst consent is obtained under subsection (1); or (ii) constructed for a limited period as may be specified in Regulations made by the appropriate national authority.’. 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). Chris Huhne
117 * Page 26, line 18 [Clause 45], at end insert— ‘(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.’. Chris Huhne
118 * Page 26, line 23 [Clause 46], leave out ‘an agricultural’ and insert ‘any’. Chris Huhne
119 * Page 26, line 39 [Clause 46], leave out ‘agricultural’. Chris Huhne
120 * Page 26, line 41 [Clause 46], leave out ‘agricultural’. 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’. |
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| © Parliamentary copyright 2006 | Prepared: 28 June 2006 |