Marine and Coastal Access Act 2009

Application to the Crown

111 Application to the Crown

(1) The provisions of this Part bind the Crown.

This is subject to the following provisions of this section.

(2) No contravention by the Crown of any provision of this Part is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the appropriate licensing authority or any other authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Despite subsection (2), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.

(4) The Secretary of State may certify that it appears to the Secretary of State that, as respects—

(a) any Crown land specified in the certificate, and

(b) any powers of entry so specified which are exercisable in relation to that land,

it is necessary or expedient that, in the interests of national security, the powers should not be exercisable in relation to the land.

(5) If the Secretary of State issues a certificate under subsection (4), the powers specified in the certificate are not exercisable in relation to the land so specified.

(6) For the purposes of subsection (4) “Crown land” means land held or used by or on behalf of the Crown.

(7) Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity or in right of Her Duchy of Lancaster, or the Duke of Cornwall.