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Planning and Compulsory Purchase Act 2004
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- 2004 c. 5
- SCHEDULE 3
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- Section 7
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- specified provision(s) Appointed Day(s) by S.I. 2006/931 art. 2
- specified provision(s) and purposes Appointed Day(s) by S.S.I. 2006/101 art. 2
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- Act modified by S.I. 2005/2085 art. 4(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A inserted by 2008 c. 29 s. 179(1)
- s. 33A inserted by 2011 c. 20 s. 110(1)
- s. 38A-38C inserted by 2011 c. 20 Sch. 9 para. 7
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1813 art. 2 commences (2004 c. 5)
- S.I. 2004/1814 art. 2 commences (2004 c. 5)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2593 art. 2 commences (2004 c. 5)
- S.I. 2005/204 art. 3 commences (2004 c. 5)
- S.I. 2005/1229 art. 2 commences (2004 c. 5)
- S.I. 2005/2081 art. 2 commences (2004 c. 5)
- S.I. 2005/2722 art. 2 commences (2004 c. 5)
- S.I. 2005/2847 art. 2 commences (2004 c. 5)
- S.I. 2006/842 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2006/1061 art. 2 3 commences (2004 c. 5)
- S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
- S.I. 2006/1700 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/1369 art. 2 commences (2004 c. 5)
- S.I. 2007/2449 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2009/384 art. 2 commences (2004 c. 5)
- S.I. 2009/2645 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2010/321 art. 3 amendment to earlier commencing SI 2006/1061 art. 4
- S.I. 2010/321 art. 4 amendment to earlier commencing SI 2007/1369 art. 3
- S.I. 2010/2002 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2011/101 art. 1 amendment to earlier commencing SI 2005/2722
- S.S.I. 2006/243 art. 3 commences (2004 c. 5)
- S.S.I. 2006/268 art. 3 commences (2004 c. 5)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/1023 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2371 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2447 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/10 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2008/582 art. 2 commences (2007 c. 24)
- S.I. 2008/1372 art. 2 commences (2007 c. 24)
- S.I. 2008/2162 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2009/3272 art. 2-4 Sch. 1-3 commences (2009 nawm 2)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/566 art. 2 commences (2008 c. 29)
- S.I. 2010/862 art. 2 commences (2008 c. 17)
- S.I. 2012/601 art. 2(c) Sch. commences (2008 c. 29)
- S.I. 2012/628 art. 2-8 commences (2011 c. 20)
- S.I. 2012/802 art. 2(c) commences (2008 c. 29)
- S.I. 2012/2029 art. 3(a) commences (2011 c. 20)
Prospective
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7In the listed buildings Act after section 82B (inserted by section 83(1)) there is inserted the following section—E+W
“82CExpressions relating to the Crown
(1)In this Act, expressions relating to the Crown must be construed in accordance with this section.
(2)Crown land is land in which there is a Crown interest or a Duchy interest.
(3)A Crown interest is any of the following—
(a)an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;
(b)an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
(c)such other interest as the Secretary of State specifies by order.
(4)A Duchy interest is—
(a)an interest belonging to Her Majesty in right of the Duchy of Lancaster, or
(b)an interest belonging to the Duchy of Cornwall.
(5)A private interest is an interest which is neither a Crown interest nor a Duchy interest.
(6)The appropriate authority in relation to any land is—
(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 relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land;
(c)in relation to 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 Secretary of State;
(d)in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(e)in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints;
(f)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department;
(g)in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;
(h)in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain.
(7)If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Treasury, whose decision is final.
(8)For the purposes of an application for listed building consent made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.
(9)For the purposes of subsection (8) the Crown includes—
(a)the Duchy of Lancaster;
(b)the Duchy of Cornwall;
(c)a person who is an appropriate authority by virtue of subsection (6)(g) and (h).
(10)The reference to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862.
(11)An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument.
(12)But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.”
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