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Commons Bill [HL]

moved Amendment No. 2:"Page 3, line 13, at end insert—" ““(   )   A right of common cannot at any time after the commencement of this section be created over land to which this Part applies by virtue of prescription.”” The noble Baroness said: My Lords, I thank all noble Lords who are helping me with the job of being the Whip today. In moving government Amendment No. 2, I shall speak also to government Amendment No. 3. They put beyond doubt the intended effect of Clause 6(1)—that a right of common can no longer be acquired by prescription. Clause 6 provides that, in future, a right of common is to be created over land only by means of an express grant or pursuant to an enactment. There are some grounds to believe that a claim to have acquired a right of common by prescription may nevertheless be successful. That is because such a claim would be made under the Prescription Act 1832, and hence ““pursuant to an enactment””. The amendments therefore explicitly provide that a right of common cannot come into being by prescription. For the avoidance of any doubt, I should add that the prohibition on prescription includes, in addition to the Prescription Act, prescription under the common law and by lost modern grant. I beg to move. On Question, amendment agreed to.