The Gas (Northern Ireland) Order 1996

Application to Crown land

68.—(1) Subject to paragraphs (2) to (4), the provisions of this Order shall have effect in relation to Crown land as they have effect in relation to land which is not Crown land.

(2) The powers conferred by or under Schedule 2 shall not be exercisable in relation to Crown land, to the extent of the estate therein held by or on behalf of the Crown.

(3) The powers conferred by or under—

(a) Schedules 2 and 3; and

(b) subject to paragraph (4), Schedule 5,

shall not, except with the consent of the appropriate authority, be exercisable in relation to Crown land.

(4) The powers conferred by or under Schedule 5 shall, without the consent of the appropriate authority, be exercisable in relation to Crown land, to the extent of any estate therein for the time being held otherwise than by or on behalf of the Crown.

(5) For the purposes of paragraph (1) a Northern Ireland department may dispose of land vested in that department on such financial and other conditions as that department may consider appropriate.

(6) In this Article any reference to the Crown includes a reference to the Crown in right of Her Majesty’s Government in Northern Ireland.

(7) In this Article—

• “the appropriate authority”, in relation to any land, 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 government department having the management of that land;

  (c)

  in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that government department;

  and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Department of Finance and Personnel or, as the case may be, the Treasury, whose decision shall be final;

• “Crown estate” means an estate—

  (a)

  belonging to Her Majesty in right of the Crown; or

  (b)

  belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

• “Crown land” means land in which there is a Crown estate.

(8) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of this Article as having an estate in land.