Clause36
Commons Bill [Lords]
9:30 am
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
I am grateful to my hon. Friend for allowing me toclarify matters that might have been missed. As ever, some of them arecomplicated.
AmendmentNo. 77 is unnecessary, because clause 27 already requires the nationalauthority to do what it would require. Any change or revocation ofexisting legislation affecting commons management—such as ascheme of management established under the Commons Act 1899—willbe included in the establishment order for a new commons association.In making an establishment order, the national authority is required toconsult and consider representations on the draft order. That willinclude some form of advertising of the draft order to raise awarenessamong local and other interests in the proposed order. There is alsothe scope to hold a local inquiry, if necessary. I hope that satisfiesmy hon. Friend in respect of amendment No.77.
Amendment No. 76would prevent the national authority from modifying any scheme ofmanagement established under the 1899 Act or the CommonsAct1876, where it might come into conflict with the functions given to acommons association. We expect the majority of commons associations tobe formed on agriculturally active upland commons. Therearerarely schemes of management establishedunder19th century legislation on these commons, but it issensible to have a power that can be used to resolve any conflictbetween functions that may be given to a commons association and anyscheme that does exist. For example, there are a handful ofagriculturally active commons that are subject to orders of regulationmade under the 1876 Act. While we have no reason to believe that boardsof conservators established under such orders are not workingeffectively, clause 36 is in place should the interests in the commondecide that they want to “upgrade” to more modernpowers.
In any event,in cases where a scheme of management might be varied or revoked thereis a saving for-public-access arrangement; my hon. Friend isparticularly concerned about that. Any form of public accessestablished under a scheme of management is protected by clause 36(3).That prevents the national authority from abolishing or restricting anyform of public access when using this power.
Further protection of thepublic interest is provided through the requirement in clause 27 forsubstantial support for each order that establishes a commonsassociation. The variation or revocation of any scheme of managementunder these 19th century Acts would be included within an individualestablishment order and is subject to the same test of substantial support. I hope thatsatisfies my hon.Friend.