Housing (Cladding Remediation) (Scotland) Act 2024

35Meaning of “owner” in relation to Crown premisesS

(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 premisesPerson 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 EstateThe 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 EstateThe 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 estatesThe 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 AdministrationThe office-holder in the Scottish Administration
Premises an interest in which belongs to a government departmentThe 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 AdministrationThe office-holder in the Scottish Administration
Premises an interest in which is held in trust for His Majesty for the purposes of a government departmentThe government department

(2)In subsection (1)

(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.

Commencement Information

I1S. 35 in force at 22.6.2024, see s. 39(1)