Part 7Interpretation and final provisions

Chapter 1Interpretation

35Meaning of “owner” in relation to Crown premises

(1)

In this Act, “owner” in relation to Crown premises specified in the first column of the following table means the person specified in the corresponding entry in the second column.

Crown premises

Person to be treated as owner

Premises an interest in which belongs to His Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners)

The Crown Estate Commissioners

Premises an interest in which belongs to His Majesty in right of the Crown and which forms part of the Scottish Crown Estate

The person managing the premises

Premises an interest in which belongs to His Majesty in right of the Crown other than premises forming part of the Crown Estate or the Scottish Crown Estate

The office-holder in the Scottish Administration or, as the case may be, the government department managing the premises

Premises an interest in which belongs to His Majesty in right of His private estates

The person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers

Premises an interest in which belongs to an office-holder in the Scottish Administration

The office-holder in the Scottish Administration

Premises an interest in which belongs to a government department

The government department

Premises an interest in which is held in trust for His Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration

The office-holder in the Scottish Administration

Premises an interest in which is held in trust for His Majesty for the purposes of a government department

The government department

(2)

(a)

the reference to His Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,

(b)

government department” means a department of the Government of the United Kingdom,

(c)

Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

(3)

It is for the Scottish Ministers to determine any question that arises as to who is to be treated as the “owner” of any premises in accordance with subsection (1), and their decision is final.