41.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—
(a)belonging to Her Majesty in right of the Crown and [F1forming part of The Crown Estate] without the consent in writing of the Crown Estate Commissioners;
(b)belonging to Her Majesty in right of the Crown and not [F2forming part of The Crown Estate] without the consent in writing of the government department having the management of that land; or
(c)belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
(2) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.
Textual Amendments
F1Words in art. 41(1)(a) substituted (22.12.2022) by The East Anglia TWO Offshore Wind Farm (Correction) Order 2022 (S.I. 2022/1399), art. 1(2), Sch.
F2Words in art. 41(1)(b) substituted (22.12.2022) by The East Anglia TWO Offshore Wind Farm (Correction) Order 2022 (S.I. 2022/1399), art. 1(2), Sch.
Commencement Information
I1Art. 41 in force at 22.4.2022, see art. 1(2)