HC Deb 14 August 1919 vol 119 cc1781-2

(1) Any land which is, or forms part of, a metropolitan common within the meaning of the Metropolitan Commons Act, 1866, or which is subject to regulation under an Order or Scheme made in pursuance of the Inclosure Acts, 1845 to 1899, or under any local Act or otherwise, or which is or forms part of any town or village green, or of any area dedicated or appropriated as a public park, garden, or pleasure ground, or for use for the purposes of public recreation, shall not be appropriated under this Act by a council for small holdings or allotments, and shall not be acquired by a council or by the Board of Agriculture and Fisheries under the principal Act except under the authority of an Order for compulsory purchase made under the principal Act, which so far as it relates to such land shall be provisional only, and shall not have effect unless it is confirmed by Parliament.

(2) The Board of Agriculture and Fisheries, in giving or withholding their consent under this Act to the appropriation and in confirming an Order for compulsory acquisition by a council for the purpose of small holdings or allotments of any land which forms part of any common, and in the exercise by the Board of their powers of acquiring land under this Act, shall have regard to the same considerations and shall hold the same inquiries as are directed by the Commons Act, 1876, to be taken into consideration and held by the Board before forming an opinion whether an application under the Inclosure Acts shall be acceded to or not.

(4) Nothing in the principal Act shall be deemed to authorise the acquisition of any land which forms part of the trust property to which the National Trust Act, 1917. applies.

Lords Amendment:

In Sub-section (2), after the word "not"["acceded to or not"] insert the words Any consent by the Board of Agriculture and Fisheries for the appropriation of land forming part of any common for the purpose of small holdings or allotments shall be laid before Parliament while Parliament is sitting, and if within twenty-one days in either House of Parliament a motion is carried dissenting from such appropriation the Order of the Board shall be cancelled.


I beg to move "That this House doth agree with the Lords in the said Amendment."

This Amendment has been brought forward by the supporters of the Commons Preservation Society. It is a perfectly proper protection that is provided, and I beg to move that we agree with the Lords in the said Amendment.

Question put, and agreed to.

Amendment made: In. Sub-section (4), leave out"1917"and insert instead thereof"1907."—[Sir A. Boscawen.]