Clause 45
Commons Bill [Lords]
2:15 pm
Michael Weir (Spokesperson (Work & Pensions; Trade & Industry); Angus, Scottish National Party)
With this it will be convenient to discuss the following amendments: No. 83, in clause 45, page 25, line 40, after ‘(a)', insert ‘shall'.
No. 84, in clause 45, page 26, line 1, after ‘(b)', insert ‘may'.
No. 85, in clause 45, page 26, line 3, at end insert
‘; and
(c) may apply (under section 97 of and Schedule 6 to the Land Registration Act 2002 (c. 9)) to the registrar to be registered as the proprietor of a registered estate in the land as if the authority has been in adverse possession of the estate for a period of not less than ten years ending on the date of application.
(2A) The land registered in accordance with subsection (2)(c) shall vest in the local authority under this section together with section 10 of the Open Spaces Act 1906 (c. 25) (maintenance of open spaces and burial grounds by local authority) or, if that is the case, the Commons Act 1899 (c. 30).'.
No. 86, in clause 45, page 26, line 7, at end insert
‘; and
(d) a national park authority or area of outstanding natural beauty conservation board'.
No. 87, in clause 45, page 26, line 7, at end insert—
‘(4) If the land is regulated in accordance with a scheme under the Commons Act 1899 (c. 30), a parish or community council may only apply for registration in accordance with subsection (2)(c) if the powers of management of the scheme have been delegated to that council.'.
No. 104, in clause 45, page 26, line 7, at end add—
‘(4) Where subsection (1) applies and a commons association established under Part 2 does not exist in relation to the land, a local authority may assume and exercise any of the rights of management of the land which would otherwise be held by the owner, until such time as a commons association exists or the owner is identified.'.