Clause14
Commons Bill [Lords]
11:30 am
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
We have had a wide-ranging debate. I assure theright hon. Member for Penrith and The Border that according to myunderstanding, his understanding is entirely up to scratch. He shouldhave no worries on thatscore.
It wouldprobably be ideal for all transfers to be recorded as he suggested, butI explained earlier that enforcing such a requirement would bedifficult. We are enabling it because we recognise that it would behelpful for the register to indicate who is entitled to exerciserights. I do not want to disagree with a single word that my nobleFriend the Lord Bach said in the other place. We will enable commonersto enter a supplementary note on the register declaring theirentitlement to exercise rights. The declaration will not be conclusive,but might be informative.
We are also exploring thepossibility, which I hope the right hon. Member for Penrith and TheBorder will welcome, of providing in regulations under the Bill that acommoner need not be consulted on any matter affecting the commonunless he has declared his entitlement to those rights. We areexploring that at the moment. It would be an incentive for thosetransfers to be properly registered. If they are not, ownership ofrights and entitlements can be traced back through the Land Registry,but we agree that ideally it would be better to record that informationon the register. That is what we seek to achieve, but we cannot foreseea scenario in which a requirement to do so could be enforced. If,having read what I said earlier, the hon. Gentleman writes to me with away to do so, I will be happy to look atit.
I turn tofast-track registration of town and village greens. Subject to thepassage of the Bill, it will be possible for an owner to dedicate a green underclause 15(7)without further formalities. I hope that that satisfies my hon. Friendthe Member for Stroud (Mr. Drew). We might discuss it very soon when wemove to clause 15 and itsamendments.