High Hedges (Scotland) Act 2013

37 Crown application

(1) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

(2) Despite subsection (1), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

(3) The powers conferred by sections 18, 19 and 22 are exercisable in relation to Crown land only with the consent of the appropriate authority.

(4) For the purposes of subsection (3), land is “Crown land” if an interest in the land—

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

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

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

(5) In subsection (3) “appropriate authority” means—

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

(b) in the case of any other land belonging to Her Majesty in right of the Crown, the office-holder in the Scottish Administration or, as the case may be, Government department having the management of the land,

(c) in the case of land belonging to Her Majesty in right of Her private estates, 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 belonging to an office-holder in the Scottish Administration or to a Government department or held in trust for Her Majesty for the purposes of the Scottish Administration or a Government department, the office-holder or Government department.

(6) Any reference in this section to Her Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

(7) If a dispute arises in relation to the meaning of “appropriate authority” in the case of any land—

(a) it is for the Scottish Ministers to determine the appropriate authority, and

(b) the Scottish Ministers’ decision is final.

(8) In this section “Government department” means a department of the United Kingdom Government.