Commons Bill [HL]

moved Amendment No. 58:"Page 24, line 37, leave out from second ““to”” to end of line 6 on page 25 and insert—" ““(a)   the carrying out by a specified person of specified works on specified land; or (b)   the carrying out by a specified person, or a person of a specified description, of works of a specified description on (i)   any land, or (ii)   land of a specified description. (2)   The appropriate national authority may only make an order under subsection (1)(a) if it is satisfied that the works specified in the order are necessary or expedient for any of the purposes in subsection (4). (3)   The appropriate national authority may only make an order under subsection (1)(b) if it is satisfied that works of the description specified in the order are likely to be necessary or expedient on any land, or on land of the description specified in the order, for any of the purposes in subsection (4). (4)   The purposes referred to in subsections (2) and (3) are— (a)   use of land by members of the public for the purposes of open-air recreation pursuant to any right of access; (b)   the exercise of rights of common; (c)   nature conservation; (d)   the protection of archaeological remains or features of historic interest; (e)   the use of the land for sporting or recreational purposes. (5)   Where any land is the subject of a resolution under section 194(3)(b) of the Law of Property Act 1925 (c. 20) immediately before the commencement of this section, the appropriate national authority may by order provide that section 38 is not to apply to the carrying out of works, or works of a description specified in the order, on that land. (6)   An order under subsection (1) or (5) may provide that section 38 is not to apply only if the works to which the order relates are carried out in accordance with the terms of the order. (7)   In subsection (1) ““specified”” means specified in an order under that subsection.”” The noble Lord said: My Lords, the Government’s Amendment No. 58 builds on provisions set out in Clause 43, which enables the national authority to exempt by order certain works from the requirement to obtain consent under Clause 38. As drafted, an order could be made only where the works are for one of the purposes listed in Clause 43(3). I have considered the argument put forward in Grand Committee that a list of purposes is too limited and agree that it should be expanded. The proposed amendment therefore extends the list to include works needed for three additional purposes: sport or recreation, nature conservation and the protection of historic monuments. We do not envisage that the provision would be used casually, but we believe that the clause brings an important and appropriate level of flexibility to the provisions and that the list of purposes now achieves the right balance of interest. The intention remains that exemptions would apply only to works which would not have a significant impact on the common. They are intended to enable landowners and others to carry out works for certain purposes which prevent or impede access to a common, but where the works involved are not so significant as to warrant an application to the national authority for consent. As under the previous draft, the exemption will be made only if the national authority is satisfied that the works are necessary and expedient for one of the listed purposes. There are two other amendments in the group, so I shall sit down now to allow other noble Lords to speak to them. I beg to move.