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The Crown Estate Transfer Scheme 2017

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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—

(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..

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..

(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.

(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.

(10)

1964 c.40.

(11)

1965 c.36.

(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)

1982 c.45.

(18)

1984 c.58.

(19)

1984 c.27.

(20)

1984 c.12.

(21)

1988 c.43.

(22)

1989 c.29.

(23)

1990 c.35.

(24)

1991 c.55.

(25)

1992 c.42.

(26)

1996 c.58.

(27)

1997 c.10.

(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).

(39)

2008 c.32.

(40)

2008 c.29.

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