High Speed Rail (London - West Midlands) Act 2017

57 Application of powers to Crown land

(1) The powers conferred on the nominated undertaker under this Act may be exercised in relation to Crown land with the consent of the Crown authority.

(2) The power conferred under section 54 (rights of entry for further high speed rail works) may be exercised in relation to Crown land with the consent of the Crown authority.

(3) The Crown authority may give consent under this section—

(a) subject to conditions, and

(b) notwithstanding anything in any lease or other grant granted by or to that authority.

(4) In this Act, “Crown land” means land in which there is—

(a) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,

(b) an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder,

(c) an interest belonging to Her Majesty in right of the Crown, or

(d) an interest belonging to Her Majesty in right of the Duchy of Lancaster.

(5) In this Act, “Crown authority”, in relation to any Crown land, means—

(a) in a subsection (4)(a) case, the government department in question;

(b) in a subsection (4)(b) case, the Scottish Ministers;

(c) in a subsection (4)(c) case—

(i) if the land forms part of the Crown Estate, the Crown Estate Commissioners, and

(ii) in any other case, the government department having management of the land;

(d) in a subsection (4)(d) case, the Chancellor of the Duchy of Lancaster.

(6) If for the purposes of this section a question arises as to which authority is the Crown authority for any land—

(a) the question is to be decided by the Treasury, and

(b) the Treasury’s decision is final.

(7) In subsection (4)(b) “office-holder in the Scottish Administration” has the meaning given by section 126(7) of the Scotland Act 1998.