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Commons Councils (Standard Constitution) (England) Regulations 2010

My Lords, these regulations are an essential step towards the establishment of commons councils in England, with statutory powers to manage common land. Commons councils will bring together the interests in a common to exercise management control. The schedule to the regulations sets out the standard constitution which will apply to all commons councils. It addresses such matters as the appointment of council members, the proceedings of a council and the preparation of accounts. Each commons council will be created by its own establishment order made by the Secretary of State, which will set out additional or alternative provisions tailored to its particular requirements. Defra has published two model establishment orders to show how they might supplement the provision in the standard constitution—for example, by designating the number of council members and who will be entitled to elect them. No two commons are the same and this approach will ensure that each council operates under a single core framework but is responsive to local requirements. A commons council can only be established if the Secretary of State is satisfied that it has substantial support, having particular regard to representations from commoners and others with a legal interest in the common. That is crucial to our approach: the Government cannot impose commons councils on unwilling commoners but can only respond to a call to set one up. The great advantage of commons councils is that they will be able to manage their own affairs by majority voting, hence relieving the difficulty of reaching unanimity among the collective interests. Councils will be able to enter into environmental stewardship and make rules, similar to by-laws, to enforce adherence to good commoning practice and the terms of the agreement. These regulations follow a consultation which began in September 2008. As a result, we have made a number of modifications, such as to confer greater flexibility for keeping "live registers" of commoners’ rights. The next step will be to work towards the establishment of the pioneer councils. Natural England has entered into negotiation concerning the potential establishment of commons councils on Brendon Common, Bodmin Moor and in Cumbria, and has allocated resources for this purpose. We expect the first commons council to be set up late this year or in 2011. The regulations are part of enabling a long-sought new approach to the management of common land by those who know it best—the commoners, landowners and other local interests. Common land represents about 3 per cent of the land area of England but is exceptionally valued for its contribution to nature conservation, hill farming, recreation, archaeology and culture. This new legislation will play a significant role in improving the management of such lands and I commend it to the Committee.