Clause 7 - Management agreements

Part of Natural Environment and Rural Communities Bill – in a Public Bill Committee am 4:30 pm ar 21 Mehefin 2005.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of James Paice James Paice Shadow Minister (Environment, Food and Rural Affairs) 4:30, 21 Mehefin 2005

We look forward to it. That Bill will, I know, be extremely tortuous and technical.

My hon. Friend the Member for Hexham, who has large areas of upland common land in his Constituency, is right. I have lowland commons in my constituency. The Division of responsibility and rights between owners and common holders is very difficult. The purpose of these amendments—I will not detain the Committee any longer in explanation—is purely to try to confirm that people can only bind those others with an interest whose title derives from the person who signed the agreement.

I am a bit concerned with subsection (2). Subsection (2)(a), for example, says that management may

“impose on the person who has an interest in the land obligations in respect of the use of the land”.

It does not say the person who signed the agreement. To me that implies anybody who has an interest in the land. The same comment could apply to subsection (2)(b) particularly.

I hope that I have made the point clear. Although, for the purposes of Natural England, everybody going along with the agreement and adhering to it is desirable, the fundamental point is that one person should not be able commit another person with an interest unless that interest derives directly; in other words, if the owner signs an agreement or otherwise. I think that I have made the point clear.

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