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(1)Where, immediately before the appointed day, the Crown has the right as superior to enforce a real burden against part of the sea bed or part of the foreshore, then, on and after that day, the Crown shall—
(a)subject to any counter-obligation, have title to enforce; and
(b)be presumed to have an interest to enforce,
the burden; and any burden as respects which the Crown has such title and interest shall, on and after the appointed day, be known as a “maritime burden”.
(2)The right of the Crown to a maritime burden may not be assigned.
(3)For the purposes of this section—
“sea bed” means the bed of the territorial sea adjacent to Scotland; and
“territorial sea” includes any tidal waters.
(4)In this section, “real burden” has the same meaning as in Part 4 of this Act.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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