EXPLANATORY MEMORANDUM

This Bill is promoted by the East Riding of Yorkshire Council ("the Council"), which is the district council for the East Riding of Yorkshire.

The Bill relates to the entitlement of Freemen of Beverley (the former county town of the East Riding) to be enrolled as Pasture Freemen and the appointment from amongst the Pasture Freemen of the Beverley Pasture Masters.

The Beverley common pastures are vested in the Council. They are available for use as common pasturage. The common pastures are regulated and maintained by the Beverley Pasture Masters ("the Pasture Masters").

The present system of Pasture Masters and their responsibility for the common pastures is governed by an Act (1836 c. lxx) entitled "An Act to provide for the better regulation of certain common pastures within the Borough of Beverley in the East Riding of the County of York ("the 1836 Act"). The 1836 Act provides for 12 Pasture Masters to be appointed by, and from amongst, the Pasture Freemen who, in turn, are freemen who are actually resident in the former municipal borough of Beverley as existing in 1832.

The rules for entitlement to the freedom of Beverley (which were codified in an Order made by the Mayor, Aldermen and Burgesses of the Town and Borough of Beverley on 2 August 1813) limit those who can claim to be freemen by birthright to sons born within the former municipal borough whose fathers are Beverley Freemen at the time of the birth. The area of the former municipal borough (which is relevant to both entitlement to the freedom and eligibility as a Pasture Freeman) is significantly smaller than the area of Beverley as it exists today.

The Bill has the following purposes, namely-

Clause 1 of the Bill deals with citation, and Clause 2 with interpretation.

Clause 3 broadens the residency criteria for eligibility to be enrolled as a Pasture Freeman by relating residence to the extended Beverley area as defined in the Schedule to the Bill. The Schedule lists the parishes that are now regarded as comprising Beverley in whole or in part.

Clause 4 re-states the basis upon which entitlement to be admitted by birthright to the freedom of Beverley is to be proved and provides that the 1813 Order shall cease to have effect so far as it presently has effect in relation to the procedure for such proof.

Clause 5 amends the 1836 Act so as to substitute references to the extended Beverley area for references to the former borough of Beverley throughout the Act and to provide for the rights of widows under the Act to accrue also to widowers.

Clause 6 enables the Council to pay all or part of the costs associated with the promotion of this Bill as a revenue expense.

EUROPEAN CONVENTION ON HUMAN RIGHTS

In the view of the East Riding of Yorkshire Council, the provisions of the Beverley Freemen Bill are compatible with the Convention rights.