Water Resources (Scotland) Act 2013

SCHEDULE 3 S Crown land

(introduced by section 52)

1 S A power of entry conferred by or under Part 2 or 7 is exercisable in relation to Crown land only with the consent of the appropriate authority.

2 (1) In paragraph 1, “Crown land” means land an interest in which— S

(a) belongs to Her Majesty—

(i) in right of the Crown, or

(ii) in right of Her private estates,

(b) belongs to—

(i) an office-holder in the Scottish Administration, or

(ii) a Government Department, or

(c) is held in trust for Her Majesty for the purposes of the Scottish Administration or a Government Department.

(2) In paragraph 1, “appropriate authority” in relation to land—

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

(b) in the case of other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or (as the case may be) Government Department having the management of the land[F1 or the relevant person],

(c) in the case of 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) in the case of land—

(i) belonging to an office-holder in the Scottish Administration or to a Government Department, or

(ii) held in trust for Her Majesty for the purposes of the Scottish Administration or a Government Department,

means the relevant office-holder or (as the case may be) Government Department.

Textual Amendments

F1 Words in sch. 3 para. 2(2)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 46(a)

3 (1) In paragraph 2— S

(a) “Government Department” means department of the Government of the United Kingdom,

[F2 (aa) “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land,]

(b) the references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862.

(2) It is for the Scottish Ministers to determine any question that arises as to who in accordance with paragraph 2 is the appropriate authority in relation to any land (and their decision is final).

Textual Amendments

F2 Sch. 3 para. 3(1)(aa) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 46(b)