PART 9

GENERAL PROVISIONS

Crown land

Crown land and “the appropriate Crown authority”
134
1
This section applies for the purposes of this Act.
2
“Crown land” means land in which there is a Crown interest or a Duchy interest.
3
“Crown interest” means an interest which—
a
belongs to His Majesty in right of the Crown or in right of His private estates, or
b
belongs to a government department or is held in trust for His Majesty for the purposes of a government department.
4
“Duchy interest” means—
a
an interest belonging to His Majesty in right of the Duchy of Lancaster, or
b
an interest belonging to the Duchy of Cornwall.
5
“Appropriate Crown authority”, in relation to Crown land, means—
a
in the case of land belonging to His 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 His Majesty in right of the Crown, the government department having the management of the land;
c
in relation to land belonging to His Majesty in right of His private estates, a person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Welsh Ministers;
d
in relation to land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
e
in relation to land belonging to the Duchy of Cornwall, a person appointed by the Duke of Cornwall or by the possessor for the time being of the Duchy;
f
in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, the department.
6
“The Crown” is to be treated as including the Senedd Commission.
7
Any question that arises about who is the appropriate Crown authority in relation to any land must be referred to the Treasury, whose decision is final.
8
In this section—
a
references to His Majesty’s private estates are to be read in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37);
b
references to a government department include a Minister of the Crown and the Senedd Commission (and see section 85 of the Government of Wales Act 2006 (c. 32), which provides for references to a government department to include the Welsh Ministers, the First Minister and the Counsel General).
S. 134 in force at 4.6.2024, see s. 147(1)(c)