(a)it appears to the Keeper that—
(i)an interest in land which is registered or in respect of which an application for registration has been made consists, in whole or in part, of foreshore or a right in foreshore, or might so consist, and
(ii)discounting any other deficiencies in his title in respect of that foreshore or right in foreshore, the person registered or, as the case may be, applying to be registered as entitled to the interest will not have an unchallengeable title in respect of the foreshore or the right in foreshore until prescription against the Crown has fortified his title in that respect, and
(b)the Keeper wholly excludes or proposes wholly to exclude rights to indemnity in respect of that person's entitlement to that foreshore or that right in foreshore, and is requested by that person not to do so,
the Keeper shall notify the Crown Estate Commissioners that he has been so requested.
(2)If the Crown Estate Commissioners have—
(a)within one month of receipt of the notification referred to in subsection (1) above, given to the Keeper written notice of their interest, and
(b)within three months of that receipt informed the Keeper in writing that they are taking steps to challenge that title,
the Keeper shall—
(i)during the prescriptive period, or
(ii)until such time as it appears to the Keeper that the Commissioners are no longer taking steps to challenge that title or that their challenge has been unsuccessful, whichever is the shorter, continue wholly to exclude or, as the case may be, wholly exclude right to indemnity in respect of that person's entitlement to that foreshore or that right in foreshore.
(3)This section, or anything done under it, shall be without prejudice to any other right or remedy available to any person in respect of foreshore or any right in foreshore.