PART 7GENERAL

Special cases

I1207Definitions relating to the Crown

1

This section applies for the purposes of this Act.

2

Crown land” means land in which there is a Crown interest or a Duchy interest.

3

Crown interest” means an interest which—

a

belongs to His Majesty in right of the Crown or in right of His private estates, or

b

belongs to a government department or is held in trust for His Majesty for the purposes of a government department.

4

Duchy interest” means—

a

an interest belonging to His Majesty in right of the Duchy of Lancaster, or

b

an interest belonging to the Duchy of Cornwall.

5

Private interest”, in relation to Crown land, means an interest which is neither a Crown interest nor a Duchy interest.

6

Appropriate Crown authority”, in relation to Crown land, means—

a

in the case of land belonging to His Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

b

in relation to any other land belonging to His Majesty in right of the Crown, the government department having the management of the land;

c

in relation to land belonging to His Majesty in right of His private estates, a person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Welsh Ministers;

d

in relation to land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

e

in relation to land belonging to the Duchy of Cornwall, a person appointed by the Duke of Cornwall or by the possessor for the time being of the Duchy;

f

in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, the department.

7

“The Crown” is to be treated as including the Senedd Commission.

8

Any question that arises about who is the appropriate Crown authority in relation to any land must be referred to the Treasury, whose decision is final.

9

In this section—

a

references to His Majesty’s private estates are to be read in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37);

b

references to a government department include a Minister of the Crown and the Senedd Commission (and see section 85 of the Government of Wales Act 2006 (c. 32), which provides for references to a government department to include the Welsh Ministers, the First Minister and the Counsel General).