moved Amendment No. 227:"Page 23, line 9, at end insert—"
““(2A) In subsection (2), ““common land”” means—
(a) any land registered as common land; and
(b) any land not so registered which is subject to a scheme under the Metropolitan Commons Act 1866 (c. 122) or the Commons Act 1899 (c. 30).
(2B) The appropriate national authority may by order amend any Act made under the Commons Act 1876 (c. 56) confirming a provisional order of the Inclosure Commissioners for the purpose of making provision about works on land to which that Act relates.””
The noble Baroness said: The purpose of the provisions in Clause 42 is to achieve clear and consistent control on works wherever they arise. The amendments bring clarity to and slightly extend the power of the national authority to amend Acts which provide for works to be authorised on common land.
Over the past 150 years, various enactments have imposed controls on the works that can be undertaken on commons. Unfortunately, the relationship between these enactments is not always clear and the controls not always consistent. This power will enable us to ensure that where such controls arise, the national authority may amend such enactments to bring greater clarity and consistency. This power would not, of course, be used without full consultation with interested parties and would be exercised by order subject to the negative resolution procedure.
Amendment No. 227 makes it clear that the Act to be amended must relate to the same type of common land as is covered by the controls in Clause 36. It also extends the power so that it can be used to amend provisional order confirmation Acts made under the Commons Act 1876. Amendment No. 228 is purely consequential on Amendment No. 227. I beg to move.
On Question, amendment agreed to.
Commons Bill [HL]
Proceeding contribution from
Baroness Farrington of Ribbleton
(Labour)
in the House of Lords on Monday, 14 November 2005.
It occurred during Debate on bills
and
Committee proceeding on Commons Bill [HL].
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2005-06Chamber / Committee
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