House of Commons - Amendments
Commons Bill [Lords], As Amended - continued          House of Commons

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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’.


David Maclean

115

Page 36, line 6 [Schedule 1], leave out ‘must’ and insert ‘may’.

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—

(i) regulated by an Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners; (ii) subject to a scheme under the Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30); (iii) regulated as common land under a local or personal Act; or (iv) otherwise recognised or designated as common land by or under an enactment;

      (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.’.

Secretary David Miliband

96

Page 36, line 35, [Schedule 2], leave out sub-paragraph (1) and insert—

    ‘(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.’.


Secretary David Miliband

97

Page 37, line 30, [Schedule 2], leave out sub-paragraph (6) and insert—

    ‘(6) 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.’.

Secretary David Miliband

98

Page 37, line 35, [Schedule 2], leave out sub-paragraph (1) and insert—

    ‘(1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land and register it in its register of town or village greens.’.


Secretary David Miliband

99

Page 38, line 1, [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) A commons registration authority may only remove and 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.’.

Secretary David Miliband

100

Page 38, line 4, [Schedule 2], at end insert—

    Buildings registered as common land

    3A (1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of common land.

    (2) This paragraph applies to land where—

      (a) the land was provisionally registered as common land under section 4 of the 1965 Act;

      (b) on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;

      (c) the provisional registration became final; and

      (d) since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building.

    (3) A commons registration authority may only remove 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.’.

Secretary David Miliband

101

Page 38, line 6, [Schedule 2], leave out sub-paragraph (1) and insert—

    ‘(1) If a commons registration authority is satisfied that any land registered as common land is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of common land.’.

Secretary David Miliband

102

Page 38, line 13, [Schedule 2], leave out from ‘was’ to end of line 15 and insert ‘provisionally registered as common land under section 4 of the 1965 Act’.

 

Secretary David Miliband

103

Page 38, line 28, [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) A commons registration authority may only remove 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.’.

Secretary David Miliband

104

Page 38, line 31, [Schedule 2], at end insert—

    Buildings registered as town or village green

    4A (1) If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove that land from its register of town or village greens.

    (2) This paragraph applies to land where—

      (a) the land was provisionally registered as a town or village green under section 4 of the 1965 Act;

      (b) on the date of the provisional registration the land was covered by a building or was within the curtilage of a building;

      (c) the provisional registration became final; and

      (d) since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building.

    (3) A commons registration authority may only remove 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.’.

Secretary David Miliband

105

Page 38, line 33, [Schedule 2], leave out sub-paragraph (1) and insert—

    ‘(1) If a commons registration authority is satisfied that any land registered as a town or village green is land to which this paragraph applies, the authority shall, subject to this paragraph, remove the land from its register of town or village greens.’.

Secretary David Miliband

106

Page 38, line 40, [Schedule 2], leave out from ‘was’ to end of line 42 and insert ‘provisionally registered as a town or village green under section 4 of the 1965 Act’.


Secretary David Miliband

107

Page 39, line 9, [Schedule 2], leave out sub-paragraph (i).

Secretary David Miliband

108

Page 39, line 18, [Schedule 2], leave out sub-paragraph (4) and insert—

    ‘(4) A commons registration authority may only remove 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.’.


Paddy Tipping

121

Page 43, line 35 [Schedule 4], leave out ‘on or after 28 June 2005 but’.


Secretary David Miliband

109

Page 44, line 37 [Schedule 5], leave out ‘association’ and insert ‘council’.


Secretary David Miliband

110

Page 48, line 32, [Schedule 6], at end add—

‘Part 5

Repeal relating to vehicular access

Short title and chapter Extent of repeal
Countryside and Rights of Way Act 2000 (c. 37) Section 68.’

Secretary David Miliband

111

Title, line 1, at end insert ‘; and for connected purposes’.

ORDER OF THE HOUSE [18TH APRIL 2006]

       That the following provisions shall apply to the Commons Bill [Lords]:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 27th April 2006.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programme committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.


 
 
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Prepared: 29 June 2006