HC Deb 25 February 2002 vol 380 cc934-5W
Mr. Liddell-Grainger

To ask the Secretary of State for Environment, Food and Rural Affairs if the Government intend to change the rules on common grazing rights after the Bettisonv. Langton ruling in 1998. [36437]

Alun Michael

Following a judgment delivered in another place in the case of Bettison and Othersv. Langton and Others on 17 May 2001, It is conclusive in law that rights of common for grazing, registered for a fixed number as requited by the Commons Registration Act 1965, are severable from the land to which they were originally attached. In the consultation paper "Greater Protection and Better Management of Common Land in England and Wales" launched in February 2000, the Government included an outline proposal to prevent severance of rights of common grazing. We hope to announce our conclusions on this, and all the other issues raised in the consultation paper, in the spring.

Mr. Liddell-Grainger

To ask the Secretary of State for. Environment, Food and Rural Affairs if she will take steps to prevent people using common grazing as a transit stop for sheep and cattle. [36453]

Alun Michael

Powers already exist to control the unlawful turning out of animals on common land. The landowner or the holders of common rights could take action in the courts to prevent this activity. Where the owner of registered common land is not known, any local authority in whose area the common lies has a discretionary power under section 9 of the Commons Registration Act 1965 to act in the capacity of the owner to prevent unlawful interference, and may bring proceedings in respect of any offence concerning the land. Where the common is subject to a scheme of management under the Commons Act 1899, the local authority may make byelaws to prevent any person from turning out animals on to the common without lawful authority.

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