Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)

In common law, it is impossible to convert a rightin gross into an attached right—by that,  I mean turn a severed right into an attached right. The clause enablesrights of common held in gross to be attached to land. It will providea mechanism by which rights can be reattached, but there is nocompulsion. An application must be made by the owner of theright.

Roger Williams (Shadow Minister (Rural Affairs), Environment, Food & Rural Affairs; Brecon & Radnorshire, Liberal Democrat)

I understand the benefit of converting rights ingross to rights attached to land, but the clause refers to“any” land. The Minister has already said that if therights that are attached to land are local, there is benefit tomanagement of the commons. How does the Minister reconcile thatposition?

Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)

My reaction to the hon. Gentleman’sinteresting point is that, under clause 10(2), the application is tothe commons registration authority, which would have to judge whetherit is in the interest of the common for that land to work. It would besurprising if the registration authority were to attach it to adominant tenement that is remote from the common. Our expectation isthat that would be done in the public interest and attached to thecommon.