Planning (Hazardous Substances) Act 1990

31 Exercise of powers in relation to Crown land. E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this section—

• “Crown land” means land in which there is a Crown interest or a Duchy interest;

• [F2 “Crown interest” means any of the following—

  (a)

  an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;

  (b)

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

  (c)

  such other interest as the Secretary of State specifies by order;]

• “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.

(4) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of subsection (1) as having an interest in land.

(5) For the purposes of this section “the appropriate authority”, in relation to any land—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;

[F3 (aa) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;]

(b) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;

(c) in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(d) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.

[F4 (e) in relation to Westminster Hall and the Chapel of St Mary Undercroft, means the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;

(f) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, means the Lord Great Chamberlain.]

(6) If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

[F5 (7) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862.

(8) An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (3) must be made by statutory instrument.

(9) But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.]

Textual Amendments

F1 S. 31(1)(2) repealed (6.8.2004 for specified purposes, 7.6.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 3 para. 8(2), Sch. 9 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(c)(f)

F2 Words in s. 31(3) substituted (6.8.2004 for specified purposes, 7.6.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 3 para. 8(3) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(c)

F3 S. 31(5)(aa) inserted (6.8.2004 for specified purposes, 7.6.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 3 para. 8(4) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(c)

F4 S. 31(5)(e) inserted (6.8.2004 for specified purposes, 7.6.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 3 para. 8(5) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(c)

F5 S. 31(7)-(9) inserted (6.8.2004 for specified purposes, 7.6.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 3 para. 8(6) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(c)

Modifications etc. (not altering text)

C1 S. 31 amended (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), ss. 3, 6(2), Sch. para. 10 (with s. 1)

Commencement Information

I1 S. 31 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 31 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2