In this Part—

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

• F1 “ Crown interest ” means any of the following—

  1. a

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

  2. b

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

  3. c

     such other interest as the Scottish Ministers specify by order;

• “private interest” means interest which is not a Crown interest.

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.

For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which the Crown has no interest, a reference to the appropriate authority must be construed as a reference to the person who makes the application.

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.

References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

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An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument.

But no such order may be made unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.