Transport and Works (Scotland) Act 2007

3 Crown land

(1) If the appropriate authority agrees—

(a) a relevant interest may be acquired compulsorily by virtue of an order under section 1,

(b) any provision of this Act or of such an order (other than a provision by virtue of which an interest in land is compulsorily acquired) may apply in relation to a Crown interest, and

(c) any provision of an order under section 18 may apply in relation to a relevant interest.

(2) In subsection (1), “a relevant interest” is an interest (not being itself a Crown interest) which subsists in land in which there is a Crown interest.

(3) In this section, “Crown interest” means an interest—

(a) belonging to Her Majesty in right of the Crown or in right of Her private estates,

(b) belonging to an office-holder in the Scottish Administration or to a government department,

(c) held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder, or

(d) held in trust for Her Majesty for the purposes of a government department.

(4) In this section, “the appropriate authority”, in the case of—

(a) land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

(b) other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who, or as the case may be the government department which, has management of the land,

(c) land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,

(d) land belonging to, or held in trust for Her Majesty for the purposes of the Scottish Administration by, such an office-holder, means that office-holder,

(e) land belonging to, or held in trust for Her Majesty for the purposes of, a government department, means that government department.

(5) The references in subsections (3)(a) and (4)(c) to Her Majesty’s private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

(6) It is for the Scottish Ministers to determine, for the purposes of this section, any question arising as to what authority is the appropriate authority in relation to any land; and their determination is final.