The Crown

Application of powers to Crown land
57
1
The powers conferred on the nominated undertaker under this Act may be exercised in relation to Crown land with the consent of the Crown authority.
2
The power conferred under section 54 (rights of entry for further high speed rail works) may be exercised in relation to Crown land with the consent of the Crown authority.
3
The Crown authority may give consent under this section—
a
subject to conditions, and
b
notwithstanding anything in any lease or other grant granted by or to that authority.
4
In this Act, “"Crown land”” means land in which there is—
a
an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,
b
an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder,
c
an interest belonging to Her Majesty in right of the Crown, or
d
an interest belonging to Her Majesty in right of the Duchy of Lancaster.
5
In this Act, “"Crown authority””, in relation to any Crown land, means—
a
in a subsection (4)(a) case, the government department in question;
b
in a subsection (4)(b) case, the Scottish Ministers;
c
in a subsection (4)(c) case—
i
if the land forms part of the Crown Estate, the Crown Estate Commissioners, and
ii
in any other case, the government department having management of the land;
d
in a subsection (4)(d) case, the Chancellor of the Duchy of Lancaster.
6
If for the purposes of this section a question arises as to which authority is the Crown authority for any land—
a
the question is to be decided by the Treasury, and
b
the Treasury's decision is final.
7
In subsection (4)(b) “"office-holder in the Scottish Administration”” has the meaning given by section 126(7) of the Scotland Act 1998.