House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Local Government Bill

Local Government Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Sixth Marshalled List]


 

After Schedule 5

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Insert the following new Schedule—
 

"SCHEDULE 5A
AMENDMENTS RELATING TO OPEN SPACE

 

Open Spaces Act 1906 (c. 25)

 1      In section 20 of the Open Spaces Act 1906 (definitions) for the definition of open space there is substituted—
          "The expression "open space" means any land laid out or maintained (or appropriated for laying out or maintaining) for the open air recreation, exercise or enjoyment of the public and—
    (i)  includes ancillary purposes, and buildings or structures on the land for those purposes, and
    (ii)  does not exclude land merely because restrictions of public access or charges are imposed as may be permitted by any Act."
 

Town and Country Planning Act 1959 (c. 53)

 2   (1)   The Town and Country Planning Act 1959 is amended as follows.
(2)      In section 23 (exercise of powers of appropriation)—
(a)  subsection (2) is omitted, and
(b)  in subsection 3(b) after "common" in each case there is inserted "or open space".
(3)      In section 26 (exercise of powers of disposing of land)—
(a)  subsection (2) is omitted, and
(b)  in subsection (5)(d) after "common" in each case there is inserted "or open space".
 

Local Government Act 1972 (c. 70)

 3   (1)   The Local Government Act 1972 is amended as follows.
(2)      In section 122(2)(a) (appropriation of land by principal councils), after "common," there is inserted "open space".
(3)      In section 123 (disposal of land by principal councils) for subsection (2A) there is substituted—
    "(2A)      A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space except with the consent of the Secretary of State.
    (2AA)      Section 19 of the Acquisition of Land Act 1981 (commons, open spaces etc) shall apply to a consent under subsection (2A) above as it applies to a compulsory purchase order under that Act."
(4)      In section 126(4)(a) (appropriation of land by parish and community councils and by parish meetings), after "common," there is inserted "open space".
(5)      In section 127(3) (disposal of land held by parishes and communities), after the first "(2A)" there is inserted ", (2AA)".
 

Acquisition of Land Act 1981 (c. 67)

 4      In section 19 of the Acquisition of Land Act 1981 (commons, open spaces etc), for subsection (4) there is substituted—
    "(4)      In this section, "common", "fuel or field garden allotment" and "open space" have the same meanings as in the Town and Country Planning Act 1990."
 

Town and Country Planning Act 1990 (c. 8)

 5   (1)   The Town and Country Planning Act 1990 is amended as follows.
(2)      In section 229(2) (appropriation of land forming part of common etc) after "common" there is inserted ", open space".
(3)      In section 336(1) (interpretation)—
(a)  for the definition of common there is substituted—
          "common" means—
    (a)  a common or town or village green registered under the Commons Registration Act 1965 (c. 64) or exempt from registration under section 11 (exemption from registration) of that Act or by virtue of any other act; or
    (b)  any other land to which section 194(3) of the Law of Property Act 1925 (c. 20) (restriction on inclosure of commons) applies;" and
(b)  for the definition of open space there is substituted—
          "open space" means—
    (a)  land laid out or maintained for the open air recreation, exercise or enjoyment of the public;
    (b)  a garden square protected or maintained under a local act;
    (c)  any other land or water used or designated on a development plan for open air public recreation, exercise, sport or visual enjoyment or for nature conservation or a zoo; or
    (d)  land which is a disused burial ground; and
    (i)  includes ancillary purposes, and buildings or structures on the land for those purposes, and
    (ii)  does not exclude land merely because there are restrictions of public access, or charges are imposed for that access."."
 

After Clause 121

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Insert the following new Clause—
  "Open space
  Schedule 5A (amendments relating to open space) has effect in order to clarify the meaning of "open space" in certain legislation and to amend provisions relating to the appropriation or disposal of open space by local authorities."

 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
18 June 2003