The Crown Estate Transfer Scheme 2017

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Crown Estate Transfer Scheme 2017 No. 524

Paragraph 8

SCHEDULE 5Consequential Amendments

This schedule has no associated Explanatory Memorandum

PART 1Public General Acts

Harbours, Docks, and Piers Clauses Act 1847

1. After section 3 of the Harbours, Docks, and Piers Clauses Act 1847 (interpretations in this and the special Act)(1), insert—

“Interpretation: the Crown Estate and Scotland

3A. In this Act, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies—

(a)any reference to the Crown Estate Commissioners is to be read as a reference to the person having management of the property, rights or interests concerned, and

(b)the reference in section 12 to “the previous consent of Her Majesty to be signified in writing under the hands of two of the Crown Estate Commissioners” is to be read as a reference to the consent of Her Majesty as signified by the consent of the person having management of the property, right or interest concerned.”.

Universities (Scotland) Act 1889

2. In section 32 of the Universities (Scotland) Act 1889 (purchase by the Universities of certain casualties due to the Crown)(2), at the end insert—

“In relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, references in this section to the Crown Estate Commissioners are to be read as references to the person who manages the property, rights or interests concerned.”.

Military Lands Act 1892

3. In section 10 of the Military Lands Act 1892 (provision as to land belonging to the Crown)(3)—

(a)in subsection (2)—

(i)after “or departments” insert “or a relevant person,”, and

(ii)after “or department” insert “or the relevant person”; and

(b)after subsection (3), insert—

“(4) In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Light Railways Act 1896

4. In section 20 of the Light Railways Act 1896 (power to grant Crown lands)(4)—

(a)the existing text becomes subsection (1), and

(b)after that subsection, insert—

“(2) In subsection (1), in relation to land to which section 90B(5) of the Scotland Act 1998 applies—

(a)the reference to the Crown Estate Commissioners is to be read as a reference to the person who manages the land, and

(b)the reference to the Treasury is to be read as a reference to the Scottish Ministers.”.

Railway Fires Act 1905

5. In section 4 of the Railway Fires Act 1905 (definitions and application)(5), in the closing words, after “Commissioners” insert “, or to which section 90B(5) of the Scotland Act 1998 applies,”.

Small Landholders (Scotland) Act 1911

6. In section 34 of the Small Landholders (Scotland) Act 1911(6) (Act to apply to Crown land), after “agree” insert “and to land to which section 90B(5) of the Scotland Act 1998 applies to such extent as the person managing it may agree”.

Land Drainage (Scotland) Act 1958

7. In section 16 of the Land Drainage (Scotland) Act 1958 (Crown rights)(7)—

(a)in subsection (3)(a), at the end insert “or the relevant person”, and

(b)after subsection (3), insert—

“(4) In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Opencast Coal Act 1958

8. In section 44 of the Opencast Coal Act 1958 (Crown land)(8)—

(a)in subsection (4)(a), at the end insert “or the relevant person”, and

(b)after subsection 4, insert—

“(4A) In subsection (4), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Caravan Sites and Control of Development Act 1960

9. In paragraph 6 of Schedule 2 to the Caravan Sites and Control of Development Act 1960 (further provision as to orders relating to commons)(9)—

(a)in sub-paragraph (2)(a), at the end insert “or the relevant person”, and

(b)after sub-paragraph (2), insert—

“(3) In sub-paragraph (2), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Harbours Act 1964

10. In section 52 of the Harbours Act 1964 (application to Crown)(10)—

(a)in subsection (3)(c)(i), at the end insert “or the relevant person”, and

(b)after subsection (3), insert—

“(3A) In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Gas Act 1965

11. In section 25 of the Gas Act 1965 (application to the Crown)(11)—

(a)in subsection (3)(a), at the end insert “or the relevant person”, and

(b)after subsection (3), insert—

“(4) In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Forestry Act 1967

12.—(1) The Forestry Act 1967(12) is amended as follows.

(2) In section 3(2) (management of forestry land), after “Commissioners” insert “or a relevant person”.

(3) In section 33(5)(a) (application of Part 2 to Crown land), at the end insert “or the relevant person”.

(4) In section 49(1) (interpretation), after the definition of “National Trust for Scotland”, insert—

““relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Sea Fisheries (Shellfish) Act 1967

13. In paragraph 6(2) of Schedule 1 to the Sea Fisheries (Shellfish) Act 1967(13) (orders under section 1 of the Act: duty where order relates to sea shore), as that paragraph applies in relation to Scotland, at the end insert “or, if the portion of the sea shore is part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies, the powers and duties of the person who has the management of that portion”.

Sewerage (Scotland) Act 1968

14. In section 55 of the Sewerage (Scotland) Act 1968 (application of Act to Crown premises)(14)—

(a)in subsection (3), after “Commissioners” insert “, the relevant person”,

(b)in subsection (4)(a), at the end insert “or the relevant person”, and

(c)after subsection (4), insert—

“(5) In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Ancient Monuments and Archaeological Areas Act 1979

15. In section 50(4) of the Ancient Monuments and Archaeological Areas Act 1979 (application to Crown land)(15)—

(a)in paragraph (a), at the end insert “or the relevant person”, and

(b)in the closing words, after “Minister of the Crown” insert “and “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land”.

Wildlife and Countryside Act 1981

16. In section 66B of the Wildlife and Countryside Act 1981 (application of Part 1 to the Crown: Scotland)(16)—

(a)in subsection (7)(b), at the end insert “or the relevant person”, and

(b)after subsection (7), insert—

“(7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Civic Government (Scotland) Act 1982

17.—(1) The Civic Government (Scotland) Act 1982(17) is amended as follows.

(2) In section 122 (power to execute works on seashore), in subsection (4)(b), after “Commissioners” insert “or (as the case may be) the relevant person”.

(3) In section 123 (interpretation of sections 120 to 122)—

(a)in subsection (1), insert in the appropriate place—

““relevant person”, in relation to any part of the seashore to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that part of the seashore;”, and

(b)after subsection (2)(a), insert—

“(aa)in relation to land an interest in which belongs to her Majesty in right of the Crown and is within the administration of a relevant person, that person;”.

Rent (Scotland) Act 1984

18.—(1) The Rent Scotland Act 1984(18) is amended as follows.

(2) In section 4(3) (no protected or statutory tenancy where landlord’s interest belongs to the Crown), at the end insert “or is an interest to which section 90B(5) of the Scotland Act 1998 applies”.

(3) In section 63(5) (Part 7 contracts), at the end insert “or is an interest to which section 90B(5) of the Scotland Act 1998 applies”.

Road Traffic Regulation Act 1984

19. In section 131 of the Road Traffic Regulation Act 1984 (application of road traffic enactments to Crown roads)(19)—

(a)in subsection (7)(a)(i), at the end insert “or the relevant person”, and

(b)after subsection (8), insert—

“(9) In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Telecommunications Act 1984

20. In paragraph 26 of Schedule 2 to the Telecommunications Act 1984 (the telecommunications code)(20)—

(a)in sub-paragraph (3)(a), at the end insert “or the relevant person”, and

(b)after sub-paragraph (3), insert—

“(3A) In sub-paragraph (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Housing (Scotland) Act 1988

21. In paragraph 10 of Schedule 4 to the Housing (Scotland) Act 1988 (tenancies which cannot be assured tenancies: Crown tenancies)(21), at the end insert “or if it is a tenancy to which section 90B(5) of the Scotland Act 1998 applies”

Electricity Act 1989

22. In section 63 of the Electricity Act 1989 (application to Crown land)(22)—

(a)in subsection (4)(b), at the end insert “or the relevant person”, and

(b)after subsection (4), insert—

“(5) In subsection (4), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Enterprise and New Towns (Scotland) Act 1990

23. In section 28 of the Enterprise and New Towns (Scotland Act) 1990 (application to Crown land)(23)—

(a)in subsection (4)(b), at the end insert “or the relevant person”, and

(b)after subsection (4), insert—

“(5) In subsection (4), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Agricultural Holdings (Scotland) Act 1991

24. In section 79 of the Agricultural Holdings (Scotland) Act 1991 (application to Crown land)(24), after subsection (1), insert—

“(1A) In subsection (1), “proper officer of body” includes a person who manages any land to which section 90B(5) of the Scotland Act 1998 applies.”.

Transport and Works Act 1992

25. In section 25 of the Transport and Works Act 1992 (Crown land)(25)—

(a)in subsection (3)(b), at the end insert “or the relevant person”, and

(b)after subsection (3), insert—

“(3A) In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Deer (Scotland) Act 1996

26. In section 44 of the Deer (Scotland) Act 1996 (application of Act to the Crown)(26)—

(a)in subsection (7)(b), at the end insert “or the relevant person”, and

(b)after subsection (7), insert—

“(7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Planning (Hazardous Substances) (Scotland) Act 1997

27. In section 31 of the Planning (Hazardous Substances) (Scotland) Act 1997 (exercise of powers in relation to Crown land)(27)—

(a)in subsection (5)(b), at the end insert “or the relevant person”, and

(b)after subsection (5), insert—

“(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

28.—(1) The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(28) is amended as follows.

(2) In section 28A(3) (purchase notices: Crown land), after paragraph (a), insert—

“(aa)land which forms part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies,”.

(3) In section 73C (expressions relating to the Crown)—

(a)in subsection (5)(b), at the end insert “or the relevant person”, and

(b)after subsection (5), insert—

“(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Town and Country Planning (Scotland) Act 1997

29.—(1) The Town and Country Planning (Scotland) Act 1997(29) is amended as follows.

(2) In section 26AA(3) (marine fish farms)—

(a)in paragraph (a) of the definition of “authorisation”, after “Commissioners” insert “or a relevant person”,

(b)omit “and” after the definition of “equipment”, and

(c)after the definition of “marine fish farm”, insert—

“; and

“relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

(3) In section 88A(3) (purchase notices: Crown land), after paragraph (a), insert—

“(aa)land which forms part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies,”.

(4) In section 242 (preliminary definitions)—

(a)in subsection (2)(b), at the end insert “or the relevant person”, and

(b)after subsection (2), insert—

“(2ZA) In subsection (2), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Data Protection Act 1998

30. In section 55A(9) of the Data Protection Act 1998 (power of Commissioner to impose monetary penalty)(30)—

(a)in the definition of “data controller”, after “Commissioners” insert “, a relevant person”, and

(b)after the definition of “prescribed”, insert—

“; and

“relevant person” means a person who is discharging functions in relation to the management of any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies.”.

Water Industry (Scotland) Act 2002

31. In section 67 of the Water Industry (Scotland) Act 2002 (Crown application)(31), for subsection (4) substitute—

“(4) The powers conferred by section 47 are only exercisable—

(a)in relation to land forming part of the Crown Estate, with the consent of the Crown Estate Commissioners, and

(b)in relation to land to which section 90B(5) of the Scotland Act 1998 applies, with the consent of the person having the management of the land concerned.”.

Building (Scotland) Act 2003

32. In section 53 of the Building (Scotland) Act 2003 (Crown application)(32)—

(a)in subsection (5)(b), at the end insert “or the relevant person”, and

(b)after subsection (5), insert—

“(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Act 2003

33. In section 7 of the Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Act 2003 (decommissioning)(33)—

(a)in subsection (3), at the end insert “or (as the case may be) the relevant person”, and

(b)after subsection (3), insert—

“(4) In subsection (3), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Nature Conservation (Scotland) Act 2004

34. In section 55 of the Nature Conservation (Scotland) Act 2004 (Crown application)(34)—

(a)in subsection (10)(b), at the end insert “or the relevant person”, and

(b)after subsection (10), insert—

“(10A) In subsection (10), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Edinburgh Tram (Line One) Act 2006

35. In section 84 of the Edinburgh Tram (Line One) Act 2006 (rights of the Crown)(35)—

(a)in subsection (2)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or that person”; and

(b)after subsection (2), insert—

“(2A) In subsection (2), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Housing (Scotland) Act 2006

36. In section 193 of the Housing (Scotland) Act 2006 (Crown application)(36)—

(a)in subsection (5)(b), at the end insert “or the relevant person”, and

(b)after subsection (5), insert—

“(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Glasgow Airport Rail Link Act 2007

37. In section 50 of the Glasgow Airport Rail Link Act 2007 (rights of the Crown and Scottish Minsters)(37)—

(a)in subsection (2)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or that person”; and

(b)after subsection (2), insert—

Transport and Works (Scotland) Act 2007

38. In section 3 of the Transport and Works (Scotland) Act 2007 (Crown land)(38)—

(a)in subsection (4)(b), at the end insert “or the relevant person”, and

(b)after subsection (4), insert—

“(4A) In subsection (4), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Energy Act 2008

39.—(1) The Energy Act 2008(39) is amended as follows.

(2) In section 4 (licences)—

(a)for subsection (3) substitute—

“(3) For this purpose “Crown lease” means (as the case may be)—

(a)a lease of property forming part of the Crown Estate, or an authorisation to exercise rights forming part of that Estate (whether by virtue of section 1 or otherwise), or

(b)a lease of property forming part of the Scottish assets, or an authorisation to exercise rights forming part of those assets (whether by virtue of section 1 or otherwise).”; and

(b)after subsection (3), insert—

“(4) In subsection (3), “Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.”.

(3) In section 18 (licences)—

(a)for subsection (4) substitute—

“(4) For this purpose a “Crown lease” means (as the case may be)—

(a)a lease of property forming part of the Crown Estate, or an authorisation to exercise rights forming part of that Estate (whether by virtue of section 1 or otherwise), or

(b)a lease of property forming part of the Scottish assets, or an authorisation to exercise rights forming part of those assets (whether by virtue of section 1 or otherwise).”; and

(b)after subsection (4), insert—

“(4ZA) In subsection (4), “Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.”.

Planning Act 2008

40. In section 227 of the Planning Act 2008 (Crown land and the appropriate Crown authority)(40)—

(a)in subsection (5)(b), at the end insert “or the relevant person”, and

(b)after subsection (5), insert—

“(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Flood Risk Management (Scotland) Act 2009

41. In section 91 of the Flood Risk Management (Scotland) Act 2009 (Crown application)(41)—

(a)in subsection (7)(b)(ii), at the end insert “or the relevant person”, and

(b)after subsection (7), insert—

“(7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Marine (Scotland) Act 2010

42. In Schedule 1 to the Marine (Scotland) Act 2010 (preparation, adoption etc. of marine plans)(42), in paragraph 8—

(a)after sub-paragraph (2)(h), insert—

“(ha)the powers and duties of a relevant person,”,

(b)after sub-paragraph (3)(i), insert—

“(ia)the powers and duties of a relevant person,”, and

(c)after sub-paragraph (3), insert—

“(4) In this paragraph, “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Forth Crossing Act 2011

43. In section 78 of the Forth Crossing Act 2011 (Crown application)(43)—

(a)in subsection (3)(b), at the end insert “or the relevant person”, and

(b)after subsection (3), insert—

“(3A) In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Reservoirs (Scotland) Act 2011

44. In section 110 of the Reservoirs (Scotland) Act 2011 (Crown application)(44)—

(a)in subsection (7)(b)(ii), at the end insert “or the relevant person”, and

(b)after subsection (7), insert—

“(7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

High Hedges (Scotland) Act 2013

45. In section 37 of the High Hedges (Scotland) Act 2013 (Crown application)(45)—

(a)in subsection (5)(b), at the end insert “or the relevant person”, and

(b)in subsection (8), at the end insert “and “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land”.

Water Resources (Scotland) Act 2013

46. In Schedule 3 to the Water Resources (Scotland) Act 2013 (Crown land)(46)—

(a)in paragraph 2(2)(b), at the end insert “or the relevant person”, and

(b)in paragraph 3(1), after paragraph (a) insert—

“(aa)“relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land,”.

Historic Environment Scotland Act 2014

47. In section 30 of the Historic Environment Scotland Act 2014 (Crown application: powers of entry)(47)—

(a)in the second entry in the second column of the table in subsection (2), at the end insert “or the relevant person”, and

(b)after subsection (3), insert—

“(3A) “Relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

Revenue Scotland and Tax Powers Act 2014

48. In section 258 of the Revenue Scotland and Tax Powers Act 2014 (Crown application: powers of entry)(48)—

(a)in the second entry in the second column of the table in subsection (2), at the end insert “or the relevant person”, and

(b)after subsection (3), insert—

“(4) “Relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.”.

PART 2Local Acts of the United Kingdom Parliament

Zetland County Council Act 1974

49. In section 78 of the Zetland County Council Act 1974 (Crown rights)(49)—

(a)the existing text becomes subsection (1);

(b)in that subsection—

(i)in paragraph (i), after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)in the closing words, after “Crown Estate Commissioners” insert “, that relevant person”; and

(c)after subsection (1), insert—

“(2) In subsection (1), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Highland Regional Council (Harbours) Order Confirmation Act 1991

50.—(1) The Order in the Schedule to the Highland Regional Council (Harbours) Order Confirmation Act 1991(50), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 2 (interpretation), insert in the appropriate place—

““relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests;”.

(3) In section 6 (reclamation of land), in paragraph (b), after “Crown Estate Commissioners” insert “, the relevant person,”.

(4) In section 63(1)(a) (Crown rights)—

(a)after “Crown Estate Commissioners” insert “or a relevant person”, and

(b)at the end insert “or (as the case may be) that person”.

Tay Road Bridge Order Confirmation Act 1991

51.—(1) The Order in the Schedule to the Tay Road Bridge Order Confirmation Act 1991(51), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 82 (Crown rights)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)after “those commissioners” insert “or (or as the case may be) that person”; and

(b)after subsection (1), insert—

“(1A) In subsection (1), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

British Railways Act 1992

52. In section 34 of the British Railways Act 1992 (Crown rights)(52)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

British Railways (No. 2) Act 1992

53. In section 45 of the British Railways (No. 2) Act 1992 (Crown rights)(53)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

Pittenweem Harbour Order Confirmation Act 1992

54.—(1) The Order in the Schedule to the Pittenweem Harbour Order Confirmation Act 1992(54), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 21 (Crown rights)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end “or (as the case may be) that person”; and

(b)after subsection (1), insert—

British Railways Act 1993

55. In section 44 of the British Railways Act 1993 (Crown rights)(55)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

Highland Regional Council (Wester Bridge) Order Confirmation Act 1993

56.—(1) The Order in the Schedule to the Highland Regional Council (Wester Bridge) Order Confirmation Act 1993(56), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 32 (Crown rights)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

British Railways Act 1994

57. In section 28 of the British Railways Act 1994 (Crown rights)(57)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

British Railways Order Confirmation Act 1994

58.—(1) The Order in the Schedule to the British Railways Order Confirmation Act 1994(58), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 29 (Crown rights)—

(a)the existing text becomes subsection (1);

(b)in that subsection—

(i)in paragraph (a), after “Commissioners” insert “or a relevant person”, and

(ii)in the closing words, after “commissioners” insert “or that person”; and

(c)after subsection (1), insert—

British Railways (No. 2) Order Confirmation Act 1994

59.—(1) The Order in the Schedule to the British Railways (No. 2) Order Confirmation Act 1994(59), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 25 (Crown rights)—

(a)the existing text becomes subsection (1);

(b)in that subsection—

(i)in paragraph (a), at the end insert “or a relevant person”, and

(ii)in the closing words, after “commissioners” insert “or that person”; and

(c)after subsection (1), insert—

British Railways (No. 3) Order Confirmation Act 1994

60.—(1) The Order in the Schedule to the British Railways (No. 3) Order Confirmation Act 1994(60), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 27 (Crown rights)—

(a)the existing text becomes subsection (1);

(b)in that subsection—

(i)in paragraph (a), at the end insert “or a relevant person”, and

(ii)in the closing words, after “commissioners” insert “or that person”; and

(c)after subsection (1), insert—

Lerwick Harbour Act 1994

61.—(1) The Order in the Schedule to the Lerwick Harbour Act 1994(61), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 4 (Crown rights)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

Bell’s Bridge Order Confirmation Act 1995

62.—(1) The Order in the Schedule to the Bell’s Bridge Order Confirmation Act 1995(62), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 13 (Crown rights)—

(a)in section (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

British Waterways Act 1995

63. In section 34 of the British Waterways Act 1995 (Crown rights)(63)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

Western Isles Council (Berneray Causeway) Order Confirmation Act 1996

64.—(1) The Order in the Schedule to the Western Isles Council (Berneray Causeway) Order Confirmation Act 1996(64), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 17 (Crown rights)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

The Comhairle Nan Eilean Siar (Eriskay Causeway) Order Confirmation Act 2000

65.—(1) The Order in the Schedule to the Comhairle Nan Eilean Siar (Eriskay Causeway) Order Confirmation Act 2000(65), which was confirmed by section 1 of that Act, is amended as follows.

(2) In section 28 (Crown rights)—

(a)in subsection (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after subsection (1), insert—

PART 3Secondary legislation

Family Credit (General) Regulations 1987

66. In regulation 2(1) of the Family Credit (General) Regulations 1987 (interpretation)(66)—

(a)in the definition of “Crown property”, at the end insert “or a relevant person”, and

(b)insert in the appropriate place—

Income Support (General) Regulations 1987

67. In regulation 2(1) of the Income Support (General) Regulations 1987 (interpretation)(67)—

(a)in the definition of “Crown tenant”, at the end insert “or a relevant person”, and

(b)insert in the appropriate place—

Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988

68. In article 17 of the Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988 (Crown rights)(68)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

“(1A) In paragraph (1), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Caledonian MacBrayne Limited (Gott Bay Pier) Harbour Revision Order 1990

69. In article 17 of the Caledonian MacBrayne Limited (Gott Bay Pier) Harbour Revision Order 1990 (Crown rights)(69)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Disability Working Allowance (General) Regulations 1991

70. In regulation 2(1) of the Disability Working Allowance (General) Regulations 1991 (interpretation)(70)—

(a)in the definition of “Crown property”, at the end insert “or a relevant person”, and

(b)insert in the appropriate place—

Town and Country Planning (General Permitted Development) (Scotland) Order 1992

71. In regulation 2(1) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (interpretation)(71), in paragraph (ii)(aa) of the definition of “operational Crown land”, after “Crown Estate” insert “or forming part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies”.

Lerwick Harbour Revision Order 1993

72. In article 6 of the Lerwick Harbour Revision Order 1993 (Crown rights)(72)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Montrose Harbour Revision Order 1993

73.—(1) The Montrose Harbour Revision Order 1993(73) is amended as follows.

(2) In article 2 (interpretation), after the definition of “level of high water” insert—

“; and

(3) In article 5(4) (power to dredge)—

(a)after “the Crown Estate Commissioners”, in the first place it occurs, insert “or a relevant person”,

(b)after “the Crown Estate Commissioners”, in the second place it occurs, insert “or the relevant person”, and

(c)at the end insert “or the relevant person”.

(4) In article 9 (Crown rights)—

(a)after “Crown Estate Commissioners” insert “or a relevant person”, and

(b)after “those Commissioners” insert “or (as the case may be) that person”.

Jobseeker’s Allowance Regulations 1996

74. In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 (interpretation)(74)—

(a)in the definition of “Crown tenant”, at the end insert “or a relevant person”, and

(b)insert in the appropriate place—

Peterhead Harbours Revision Order 1996

75. In article 13 of the Peterhead Harbours Revision Order 1996 (Crown rights)(75)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Inverness Harbour Revision Order 1997

76. In article 16 of the Inverness Harbour Revision Order 1997 (Crown rights)(76)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Lerwick Harbour Revision Order 1997

77. In article 7 of the Lerwick Harbour Revision Order 1997 (Crown rights)(77)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Western Isles Council (Brevig) Harbour Revision Order 1997

78. In article 16 of the Western Isles Council (Brevig) Harbour Revision Order 1997 (Crown rights)(78)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Peterhead Harbours Revision Order 1998

79. In article 19 of the Peterhead Harbours Revision Order 1998 (Crown rights)(79)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Scrabster (Forward Supply Base) Harbour Revision Order 1998

80. In article 21 of the Scrabster (Forward Supply Base) Harbour Revision Order 1998 (Crown rights)(80)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Fraserburgh Harbour Revision Order 1999

81. In article 18 of the Fraserburgh Harbour Revision Order 1999 (Crown rights)(81)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Highland Council (Eigg) Harbour Empowerment Order 1999

82. In article 29 of the Highland Council (Eigg) Harbour Empowerment Order 1999 (Crown rights)(82)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Highland Council (Muck) Harbour Empowerment Order 1999

83. In article 30 of the Highland Council (Muck) Harbour Empowerment Order 1999 (Crown rights)(83)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Macduff Harbour Revision Order 1999

84. In article 16 of the Macduff Harbour Revision Order 1999 (Crown rights)(84)—

(a)in paragraph (1)(a)—

(i)for “Crown Estates Commissioners” substitute “Crown Estate Commissioners or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

National Trust for Scotland (Canna) Harbour Revision Order 1999

85. In article 31 of the National Trust for Scotland (Canna) Harbour Revision Order 1999 (Crown rights)(85)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Scottish Natural Heritage (Rum) Harbour Empowerment Order 1999

86. In article 33 of the Scottish Natural Heritage (Rum) Harbour Empowerment Order 1999 (Crown rights)(86)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Associated British Ports (Troon) Harbour Revision Order 2000

87. In article 18 of the Associated British Ports (Troon) Harbour Revision Order 2000 (Crown rights)(87)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Scrabster (Inner Harbour Development) Harbour Revision Order 2000

88. In article 18 of the Scrabster (Inner Harbour Development) Harbour Revision Order 2000 (Crown rights)(88)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Comhairle nan Eilean Siar (Aird Mhor, Barra) Harbour Empowerment Order 2001

89. In article 9 of the Comhairle nan Eilean Siar (Aird Mhor, Barra) Harbour Empowerment Order 2001 (reclamation of land)(89)—

(a)in paragraph (2)(b), at the end insert “or the relevant person”, and

(b)after paragraph (2), insert—

“(3) In paragraph (2), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Lerwick Harbour Revision Order 2001

90. In article 14 of the Lerwick Harbour Revision Order 2001 (Crown rights)(90)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Comhairle nan Eilean Siar (Various Harbours) Harbour Revision Order 2002

91.—(1) The Comhairle nan Eilean Siar (Various Harbours) Harbour Revision Order 2002(91) is amended as follows.

(2) In article 2(1) (interpretation), insert in the appropriate place—

(3) In article 7(2)(b) (reclamation of land), at the end insert “or the relevant person”.

(4) In article 61(1)(a) (Crown rights)—

(a)after “Crown Estate Commissioners” insert “or a relevant person”, and

(b)at the end insert “or (as the case may be) that person”.

Little Loch Broom Scallops Several Fishery Order 2002

92. In article 8 of the Little Loch Broom Scallops Several Fishery Order 2002 (rights of the Crown)(92)—

(a)the existing text becomes paragraph (1),

(b)at the end of that paragraph, insert “or a relevant person”, and

(c)after paragraph (1), insert—

“(2) In paragraph (1), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Loch Caolisport Scallops Several Fishery (Scotland) Order 2002

93. In article 8 of the Loch Caolisport Scallops Several Fishery (Scotland) Order 2002 (rights of the Crown)(93)—

(a)the existing text becomes paragraph (1),

(b)at the end of that paragraph, insert “or a relevant person”, and

(c)after paragraph (1), insert—

State Pension Credit Regulations 2002

94. In paragraph 13(6) of Schedule 2 to the State Pension Credit Regulations 2002 (other housing costs)(94)—

(a)in paragraph (b), at the end of the definition of “Crown tenant”, insert “or a relevant person”, and

(b)after paragraph (d), insert—

“; and

(e)

Highland Council (Inverie) Harbour Empowerment Order 2004

95. In article 29 of the Highland Council (Inverie) Harbour Empowerment Order 2004 (Crown rights)(95)—

(a)in paragraph (1)(a)—

(i)for “Crown Estates Commissioners” substitute “Crown Estate Commissioners or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Mallaig Harbour Revision Order 2004

96. In article 10 of the Mallaig Harbour Revision Order 2004 (Crown rights)(96)—

(a)in paragraph (1)(a)—

(i)for “Crown Estates Commissioners” substitute “Crown Estate Commissioners or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005

97.—(1) The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005(97) is amended as follows.

(2) In article 2(1) (interpretation), insert in the appropriate place—

(3) In article 6(2)(b) (reclamation of land), at the end insert “or the relevant person”.

(4) In article 39(1)(a) (Crown rights)—

(a)after “Crown Estate Commissioners” insert “or a relevant person”, and

(b)at the end insert “or (as the case may be) that person”.

Caledonian MacBrayne (Oban Quay) Harbour Revision Order 2005

98. In article 13 of the Caledonian MacBrayne (Oban Quay) Harbour Revision Order 2005 (Crown rights)(98)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Inverness Harbour Revision (Works) Order 2005

99. In article 16 of the Inverness Harbour Revision (Works) Order 2005 (Crown rights)(99)—

(a)in paragraph (1)(a)—

(i)for “Crown Estate Commissions” substitute “Crown Estate Commissioners or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Loch Crinan Scallops Several Fishery Order 2005

100. In article 8 of the Loch Crinan Scallops Several Fishery Order 2005 (rights of the Crown)(100)—

(a)the existing text becomes paragraph (1),

(b)at the end of that paragraph, insert “or a relevant person”, and

(c)after paragraph (1), insert—

Highland Council (Raasay) Harbour Revision Order 2006

101. In article 35 of the Highland Council (Raasay) Harbour Revision Order 2006 (Crown rights)(101)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Housing Benefit Regulations 2006

102. In regulation 2(1) of the Housing Benefit Regulations 2006 (interpretation)(102)—

(a)in the definition of “Crown tenant”, at the end insert “or a relevant person”, and

(b)insert in the appropriate place—

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

103. In regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (interpretation)(103), as that regulation applies in relation to Scotland—

(a)in the definition of “Crown tenant”, at the end insert “or a relevant person”, and

(b)insert in the appropriate place—

Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007

104. In regulation 9 of the Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007 (vessels and activities permitted in safety zones)(104)—

(a)in paragraph (1)(e)—

(i)after “Crown Estate” insert “or a relevant person”, and

(ii)after “that body” insert “or (as the case may be) that person”; and

(b)after paragraph (2), insert—

“(3) In this regulation, “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.”.

Lerwick Harbour Revision Order 2007

105. In article 14 of the Lerwick Harbour Revision Order 2007 (Crown rights)(105)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Port of Cairnryan Harbour Empowerment Order 2007

106. In article 33 of the Port of Cairnryan Harbour Empowerment Order 2007 (Crown rights)(106)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

107.—(1) The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007(107) is amended as follows.

(2) In rule 2(1) (interpretation), insert in the appropriate place—

(3) In Schedule 3 (those to be served with a copy of the application and documents), in the second entry in Column (2) of the table, after “The Crown Estate Commissioners” insert “or (as the case may be) the relevant person”.

(4) In Schedule 4 (those to be served with notice of application), in the first entry in Column (2) of the table, after “The Crown Estate Commissioners” insert “or (as the case may be) the relevant person”.

Caledonian Maritime Assets Limited (Largs) Harbour Revision Order 2008

108. In article 55 of the Caledonian Maritime Assets Limited (Largs) Harbour Revision Order 2008 (Crown rights)(108)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008

109.—(1) The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008(109) is amended as follows.

(2) In article 2(1) (interpretation), insert in the appropriate place—

(3) In article 7(2)(b) (reclamation of land), at the end insert “or the relevant person”.

(4) In article 56(1)(a) (Crown rights)—

(a)after “Crown Estate Commissioners” insert “or a relevant person”, and

(b)at the end insert “or (as the case may be) that person”.

Dumfries and Galloway Council (Isle of Whithorn) Harbour Empowerment Order 2008

110.—(1) The Dumfries and Galloway Council (Isle of Whithorn) Harbour Empowerment Order 2008(110) is amended as follows.

(2) In article 2(1) (interpretation), insert in the appropriate place—

(3) In article 7(2)(b) (reclamation of land), at the end insert “or the relevant person”.

(4) In article 56(1)(a) (Crown rights)—

(a)after “Crown Estate Commissioners” insert “or a relevant person”, and

(b)at the end insert “or (as the case may be) that person”.

Dumfries and Galloway Council (Port William) Harbour Empowerment Order 2008

111.—(1) The Dumfries and Galloway Council (Port William) Harbour Empowerment Order 2008(111) is amended as follows.

(2) In article 2(1) (interpretation), insert in the appropriate place—

(3) In article 7(2)(b) (reclamation of land), at the end insert “or the relevant person having management of that land”.

(4) In article 56(1)(a) (Crown rights)—

(a)after “Crown Estate Commissioners” insert “or a relevant person”, and

(b)at the end insert “or (as the case may be) that person”.

Peterhead Port Authority Harbour Revision Order 2008

112. In article 19 of the Peterhead Port Authority Harbour Revision Order 2008 (Crown rights)(112)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

113. In the table in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (consultation and notification)(113), as that table applies in relation to Scotland, after the entry for “The Crown Estate Commissioners” insert—

“A person who manages any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies

All proposed applications likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies

All applications likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies ”

Loch Ryan Port (Harbour Empowerment) Order 2009

114. In article 32 of the Loch Ryan Port (Harbour Empowerment) Order 2009 (Crown rights)(114)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)after paragraph (1) insert—

Offshore Gas Storage and Unloading (Licensing) Regulations 2009

115. In paragraph 1(1) of the Schedule to the Offshore Gas Storage and Unloading (Licensing) Regulations 2009 (model clauses for gas storage licences)(115)—

(a)for the definition of “Crown lease” substitute—

““Crown lease” means (as the case may be)—

(a)

a lease of property forming part of the Crown Estate, or an authorisation to exercise rights forming part of that Estate, or

(b)

a lease of property forming part of the Scottish assets, or an authorisation to exercise rights forming part of those assets,

and includes a Crown lease which has or may be granted;, and”, and

(b)insert in the appropriate place—

““Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies;”.

Port Babcock Rosyth Harbour Empowerment Order 2009

116. In article 37 of the Port Babcock Rosyth Harbour Empowerment Order 2009 (Crown rights)(116)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)after paragraph (1) insert—

Renewables Obligation (Scotland) Order 2009

117.—(1) The Renewables Obligation (Scotland) Order 2009(117) is amended as follows.

(2) In article 2(1) (interpretation)—

(a)in the definition of “demonstration lease”, after “Crown Estate” insert “Commissioners or a relevant person”, and

(b)insert in the appropriate place—

(3) In article 30C(3)(b)(ii) (offshore wind generating stations using test and demonstration wind turbines), after “Crown Estate” insert “Commissioners or a relevant person”.

(4) In article 30D(3)(b)(ii) (offshore wind generating stations using floating wind turbines), after “Crown Estate” insert “Commissioners or a relevant person”.

Infrastructure Planning (Compulsory Acquisition) Regulations 2010

118. In the table in Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 (notice of proposed provision)(118), as that table applies in relation to Scotland, after the entry for “The Crown Estate Commissioners” insert—

“A person who manages any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies

All proposed provisions likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies”

Lerwick Harbour Revision Order 2010

119. In article 22 of the Lerwick Harbour Revision Order 2010 (Crown rights)(119)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Caledonian Maritime Assets (Kennacraig) Harbour Revision Order 2011

120. In article 22 of Caledonian Maritime Assets (Kennacraig) Harbour Revision Order 2011 (Crown rights)(120)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)in paragraph (3), at the end insert “and “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests”.

Caledonian Maritime Assets (Port Ellen) Harbour Revision Order 2011

121. In article 20 of Caledonian Maritime Assets (Port Ellen) Harbour Revision Order 2011 (Crown rights)(121)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

Campbeltown Harbour Revision Order 2011

122. In article 22 of the Campbeltown Harbour Revision Order 2011 (Crown rights)(122)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)after paragraph (1) insert—

Fraserburgh Harbour Revision Order 2011

123. In article 32 of the Fraserburgh Harbour Revision Order 2011 (Crown rights)(123)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)after paragraph (1), insert—

Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

124. In the table in Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (consultation and notification)(124), as that table applies in relation to Scotland, after the entry for “The Crown Estate Commissioners” insert—

“A person who manages any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies

All proposed applications likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies

All applications likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies”

Scrabster (Deep Inner Berth) Harbour Revision Order 2011

125. In article 20 of the Scrabster (Deep Inner Berth) Harbour Revision Order 2011 (Crown rights)(125)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)after paragraph (1) insert—

Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011

126. For regulation 5(5) of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 (exempt private sewers and exempt private lateral drains)(126) substitute—

“(5) In this regulation—

“the appropriate authority” means—

(a)

in the case of land which belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having management of the land concerned, or the relevant person,

(b)

in the case of land which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department; and

Shetland Islands Regulated Fishery (Scotland) Order 2012

127. In article 11 of the Shetland Islands Regulated Fishery (Scotland) Order 2012 (rights of the Crown)(127)—

(a)in paragraph (1)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Caledonian Maritime Assets (Lochaline Ferry Services Slipway) Harbour Empowerment Order 2013

128. In article 23 of the Caledonian Maritime Assets (Lochaline Ferry Services Slipway) Harbour Empowerment Order 2013 (Crown rights)(128)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

Loch Sligachan, Isle of Skye, Scallops Several Fishery Order 2013

129. In article 7 of the Loch Sligachan, Isle of Skye, Scallops Several Fishery Order 2013 (rights of the Crown)(129)—

(a)the existing text becomes paragraph (1),

(b)at the end of that paragraph, insert “or a relevant person”, and

(c)after paragraph (1), insert—

Rosyth International Container Terminal (Harbour Revision) Order 2013

130. In article 16 of the Rosyth International Container Terminal (Harbour Revision) Order 2013 (Crown rights)(130)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)in paragraph (3), at the end insert “and “relevant person” , in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.

Contracts for Difference (Allocation) Regulations 2014

131. In regulation 27 of the Contracts for Difference (Allocation) Regulations 2014 (offshore CFD units)(131)—

(a)in paragraph (2), after “Crown Estate” insert “Commissioners or a relevant person”, and

Port of Ardersier Harbour Revision Order 2014

132. In article 34 of the Port of Ardersier Harbour Revision Order (Crown rights)(132)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)after paragraph (1), insert—

Renewables Obligation Closure Order 2014

133. In article 13 of the Renewables Obligation Closure Order 2014 (notices of intent)(133)—

(a)in paragraph (5)(c), after “Crown Estate Commissioners” insert “or a relevant person”; and

(b)in paragraph (10)—

(i)omit “and” after the definition of “offshore waters”, and

(ii)after the definition of “planning permission”, insert—

“; and

Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015

134. In article 57 of the Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015 (Crown rights)(134)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)after paragraph (1) insert—

Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

135.—(1) In the table in Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (statutory parties)(135), insert in the appropriate place —

“A person who manages any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies*

All applications likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies ”

Lerwick Harbour Revision Order 2015

136. In article 24 of the Lerwick Harbour Revision Order 2015 (Crown rights)(136)—

(a)in paragraph (1)(a)—

(i)after “Crown Estate Commissioners” insert “or a relevant person”, and

(ii)at the end insert “or (as the case may be) that person”; and

(b)after paragraph (1), insert—

Little Loch Broom Scallops Several Fishery Order 2015

137. In article 8 of the Little Loch Broom Scallops Several Fishery Order 2015 (rights of the Crown)(137)—

(a)the existing text becomes paragraph (1),

(b)at the end of that paragraph, insert “or a relevant person”, and

(c)after paragraph (1), insert—

Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 2015

138.—(1) In article 8 of the Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 2015 (rights of the Crown)(138)—

(a)the existing text becomes paragraph (1),

(b)at the end of that paragraph, insert “or a relevant person”, and

(c)after paragraph (1), insert—

Peterhead Port Authority Harbour Revision Order 2015

139. In article 26 of the Peterhead Port Authority Harbour Revision Order 2015 (Crown rights)(139)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

Lochboisdale and Gasay Port (Harbour Empowerment) Order 2016

140. In article 32 of the Lochboisdale and Gasay Port (Harbour Empowerment) Order 2016 (Crown rights)(140)—

(a)in paragraph (1)(b), at the end insert “or (as the case may be) the relevant person”, and

(b)after paragraph (1), insert—

(1)

1847 c.27; section 12 was amended by S.R. & O 1924/1370, S.I. 1965/145, section 1 of the Crown Estate Act 1956 (c.73) and section 1 of the Crown Estate Act 1961 (c.55).

(2)

1889 c.55; section 32 was amended by S.R. & O 1924/1370, section 1 of the Crown Estate Act 1956 and paragraph 4(1) of Schedule 2 to the Crown Estate Act 1961.

(3)

1892 c.43; section 10(2) was amended by S.R. & O 1924/1370, section 1 of the Crown Estate Act 1956 and section 1 of the Crown Estate Act 1961.

(4)

1896 c.48.

(5)

1905 c.11; the closing words to section 4 were amended by S.R. & O 1924/1370, S.I. 1965/145, section 1 of the Crown Estate Act 1956 and section 1 of the Crown Estate Act 1961.

(6)

(7)

(8)

(9)

(10)

(11)

(12)

1967 c.10; section 3(2) was amended by S.I. 2013/755 and section 43(1) was amended by Schedule 1 to the Forestry Act 1979 (c.21).

(13)

1967 c.83; paragraph 6(2) of Schedule 1 was amended by section 160(3)(b) of the Marine (Scotland) Act 2010 (asp 5).

(14)

1968 c.47.

(15)

1979 c.46.

(16)

1981 c.69; section 66B was inserted by section 41(3) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

1997 c.9; section 28A was inserted by paragraph 2 of Schedule 5 to the Planning and Compulsory Purchase Act 2004 (c.5) and section 73C was inserted by paragraph 7 of that Schedule.

(29)

1997 c.8; section 26AA was inserted by section 4(1) of the Planning etc. (Scotland) Act 2006 (asp 17) and section 88A was inserted by paragraph 1 of Schedule 5 to the Planning and Compulsory Purchase Act 2004.

(30)

1998 c.29; section 55A was inserted by section 144(1) of the Criminal justice and Immigration Act 2008 (c.4) and amended by paragraph 13 of Schedule 20 to the Coroners and Justice Act 2009 (c.25).

(31)

(32)

(33)

(34)

(35)

(36)