Commons Bill [HL]

moved Amendment No. 16:"Page 8, line 29, leave out subsection (4) and insert—" (4)   In determining the period of 20 years referred to in subsections (2)(a) and (3)(a), there is to be disregarded any period during which access to the land was prohibited to members of the public by reason of any enactment. (5)   For the purposes of subsection (2)(b) in a case where the condition in subsection (2)(a) is satisfied— (a)   where persons indulge as of right in lawful sports and pastimes immediately before access to the land is prohibited as specified in subsection (4), those persons are to be regarded as continuing so to indulge; and (b)   where permission is granted in respect of use of the land for the purposes of lawful sports and pastimes, the permission is to be disregarded in determining whether persons continue to indulge in lawful sports and pastimes on the land ““as of right””. (6)   In subsection (3)(c), ““the relevant period”” means— (a)   in a case where the cessation referred to in subsection (3)(b) occurred before the commencement of this section, the period of five years beginning with that cessation; (b)   in a case where the cessation referred to in subsection (3)(b) occurred after the commencement of this section, the period of two years beginning with that cessation.”” [Amendments Nos. 17 and 18, as amendments to Amendment No. 16, not moved.] On Question, Amendment No. 16 agreed to.