UK Parliament / Open data

Commons Bill [HL]

moved Amendment No. 77:"Page 9, line 30, after ““local”” insert ““or personal””" The noble Baroness said: In moving Amendment No. 77, I shall speak to Amendments Nos. 190 and 226 as well. These amendments make a minor change to references to a ““local Act”” in Clauses 16, 34 and 42 so that instead they each refer to a ““local or personal Act””. This is simply a drafting change to ensure consistent usage throughout the Bill and accurately to reflect the classification of Acts of Parliament. The term ““local or personal”” rather than ““local”” on its own clearly distinguishes the Acts to which these provisions apply from ““public general”” Acts and private Acts which are not within their scope. Amendment No. 77 amends Clause 16 to ensure that, where land involved in an application for exchange and deregistration is subject to a local or personal Act, provision can be made for this in any resultant deregistration order. This is necessary to ensure that the order takes account of any special provisions contained in such an Act and can ensure that these are applied to the replacement land or remain applicable to the release land, as appropriate. Amendment No. 190 amends Clause 34 to enable the appropriate national authority by order to amend or repeal a local or personal Act in consequence of the functions conferred or to be conferred on a commons association. This would be done to avoid conflict between the existing powers in local or personal Acts relating to the management of common land, which are often found in Acts dating back to the 19th century, and the powers to be conferred on a commons association. It is important that the appropriate national authority is able to modify or remove existing arrangements to allow local interests to establish new commons associations with powers to deal with the conditions found on common land. Amendment No. 226 similarly amends Clause 42(2) so as to enable the appropriate national authority to amend any local or personal Act for the purpose of making provision about works on common land to which that Act relates. The purpose is to have power to ensure that the provisions in local or personal Acts about works on common land are consistent with the new regime to be introduced by Part 3. I beg to move. On Question, amendment agreed to.

About this proceeding contribution

Reference

675 c34-5GC 

Session

2005-06

Chamber / Committee

House of Lords Grand Committee
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