Having heard the Minister’s response, which was very helpful and fairly telling—perhaps I am missing a trick here—can she explain whether this clause supersedes any rights that the commons association might have over unclaimed land? What takes priority?
I have some questions. How long has to elapse before land can be considered ““unclaimed”” and the local authority can step in? The clause refers to a situation where the owner cannot be identified and the local authority can take steps that could be taken by an owner in possession of the land, so how long has to pass before land is considered ““unclaimed”” or ““unowned””?
Secondly, where does the role of the commons associations lie in this part of the Bill? In other words, would the commons association have the first opportunity to take over the management of unclaimed common land or would it be the local authority?
Thirdly, the Minister mentioned that local authorities might be involved in supplying rangers to cope with some of these aspects of the Bill. Rangers cost money: where will the local authorities get their money from?
The Minister went on to refer to local access forums, which will be there to advise. Will their advice first go to the commons association or will it go to the local authority? She then referred to guidance to local authorities on the use of their powers. It may be my misreading of this part of the Bill but I am not clear whether the rights of the commons associations over unclaimed land come first, or whether under this part of the Bill the local authority can override what a commons association can do? I should be grateful for some clarification.
Commons Bill [HL]
Proceeding contribution from
Baroness Byford
(Conservative)
in the House of Lords on Monday, 14 November 2005.
It occurred during Debate on bills
and
Committee proceeding on Commons Bill [HL].
About this proceeding contribution
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675 c277-8GC Session
2005-06Chamber / Committee
House of Lords Grand CommitteeSubjects
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