50 Application to Crown land.E+W+S
(1)Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—
(a)a monument which for the time being is Crown land may be included in the Schedule; and
(b)any restrictions or powers imposed or conferred by any of the provisions of this Act shall apply and be exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any interest of the Crown therein.
[F1(1A)For the purposes of subsection (1)(b), anything done by Historic Environment Scotland on Crown land, in relation to which it has functions by virtue of a delegation by the Scottish Ministers under section 3 of the Historic Environment Scotland Act 2014 (asp 19), is not to be treated as done by or on behalf of the Crown.]
(2)Except with the consent of the appropriate authority—
(a)no power under this Act to enter, or to do anything, on any land shall be exercisable in relation to land which for the time being is Crown land; and
(b)no interest in land which for the time being is Crown land shall be acquired compulsorily under Part I of this Act.
(3)In relation to any operations proposed to be carried out on Crown land otherwise than by or on behalf of the Crown, an operations notice served under section 35 of this Act shall not be effective for the purposes of that section unless it is accompanied by a certificate from the appropriate authority in the prescribed form consenting to the exercise in relation to that land in connection with those operations of the powers conferred by sections 38 and 40 of this Act.
[F2(3A)Crown land may be included in the register of historic parks and gardens (see section 41A).]
(4)In this section “Crown land” means land in which there is a Crown interest or a Duchy interest; “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland; “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and for the purposes of this section “the appropriate authority”, in relation to any 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, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the Government department having the management of that land [F3or the relevant person];
(b)in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;
(c)in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;
(d)in the case of land belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, means that 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 Treasury, whose decision shall be final.
In this subsection “Government department” includes any Minister of the Crown [F4and “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].
Textual Amendments
F1S. 50(1A) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 48 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2S. 50(3A) inserted (E.W.) (1.2.2022) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 18(2), 41(3); S.I. 2021/1059, art. 3
F3Words in s. 50(4)(a) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 15(a)
F4Words in s. 50(4) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 15(b)
Modifications etc. (not altering text)
C1S. 50 modified (17.7.1992) by S.I. 1992/1732, arts. 1, 3(1).
S. 50 extended (17.7.1992) by S.I. 1992/1732, arts. 1, 3(1)(a).
C2S. 50(4)(a) modified (17.7.1992) by S.I. 1992/1732, arts. 1, 3(2).