§ Order of the Day for the House to be put into Committee read.
§ Moved, That the House do now resolve itself into Committee.—(Lord Clinton.)
§ On Question, Motion agreed to.
§ House in Committee accordingly:
§ [The EARL OF DONOUGHMORE in the Chair.]
§ Clause 1 agreed to.
§ Clause 2:
§ Power to make and enforce by-laws.
§ 2.—(1) Subject to the provisions of this section the Commissioners may make such by-laws with respect to any land, being land vested in them or under their management or control to which the public have or may be permitted to have access, as appear to them to be necessary for the preservation of any trees or timber on the land or of any property of the Commissioners, and for prohibiting or regulating any act or thing tending to injury or disfigurement of the land or the amenities thereof, and, without prejudice to the generality of the foregoing provisions, for regulating the reasonable use of the land by the public for the purposes of exercise and recreation:
§ Provided that—
- (a) no by-laws made under this section shall take away or injuriously affect any estate, interest, right of common, or other right of a profitable or beneficial nature in, over, or affecting any land, except with the consent of the person entitled thereto; and
- (b) no by-laws made under this section shall apply to any common which is subject to a scheme or regulation made in pursuance of the Metropolitan Commons Acts, 1866 to 1898, or the Inclosure Acts, 1845 to 1882, or the Commons Act, 1899; and
- (c) no by-laws shall be made under this section with respect to the New Forest or the Forest of Dean except after consultation with the verderers of those forests respectively.
§ LORD PARMOOR moved, in paragraph (c) of subsection (1), after "consultation," to insert "and agreement." The noble Lord said: I have had an opportunity of seeing Lord Clinton in reference to the Amendment which stands in my name. I would desire that the full powers of the verderers should be maintained as regards the amenities of the public and common rights in the New Forest. About the Forest of Dean I do not know so much. I understand, however, that there are certain matters of importance to the Forestry Commission which are not included in the powers of the verderers of the New Forest, and that therefore the noble Lord is not able to accept the suggestion I have made. If that be so I cannot press the Amendment.
§
Amendment moved—
Clause 2, page 2, line 21, after ("consultation") insert ("and agreement").—(Lord Parmoor.)
§ LORD CLINTONI am grateful to the noble Lord for the way he has dealt with this matter. As a matter of fact, it would be exceedingly difficult for us to accept an Amendment of this kind, because the Forestry Commission, as successors of the Woods and Forests Department, having charge of the Crown woods, including the New Forest, have certain powers and duties which are regulated by Statute. Many of the by-laws which will be proposed may affect those powers and duties, and I think it would be quite impossible for us to submit them to the agreement of any other body. But I should like to add this in connection with the Verderers Court, that by-laws have been submitted to the Commission for the regulation of the New Forest at this moment. They 896 are a body exceedingly well disposed towards the New Forest itself, and very anxious for its welfare and upkeep, I do not think that anything will be found in our by-laws with which the verderers will disagree.
§ LORD PARMOORAfter the explanation of the noble Lord, for which I am much obliged, I do not propose to persist in my Amendment.
§ Amendment, by leave, withdrawn.
§ Clause 2 agreed to.
§ Remaining clause agreed to.
§ Bill Reported without amendment.