Historic Environment (Wales) Act 2023

Special cases E+W

207 Definitions relating to the Crown E+W

(1) This section applies for the purposes of this Act.

(2) “Crown land” means land in which there is a Crown interest or a Duchy interest.

(3) “Crown interest” means an interest which—

(a) belongs to His Majesty in right of the Crown or in right of His private estates, or

(b) belongs to a government department or is held in trust for His Majesty for the purposes of a government department.

(4) “Duchy interest” means—

(a) an interest belonging to His Majesty in right of the Duchy of Lancaster, or

(b) an interest belonging to the Duchy of Cornwall.

(5) “Private interest”, in relation to Crown land, means an interest which is neither a Crown interest nor a Duchy interest.

(6) “Appropriate Crown authority”, in relation to Crown land, means—

(a) in the case of land belonging to His Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b) in relation to any other land belonging to His Majesty in right of the Crown, the government department having the management of the land;

(c) in relation to land belonging to His Majesty in right of His private estates, a person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Welsh Ministers;

(d) in relation to land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(e) in relation to land belonging to the Duchy of Cornwall, a person appointed by the Duke of Cornwall or by the possessor for the time being of the Duchy;

(f) in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, the department.

(7) “The Crown” is to be treated as including the Senedd Commission.

(8) Any question that arises about who is the appropriate Crown authority in relation to any land must be referred to the Treasury, whose decision is final.

(9) In this section—

(a) references to His Majesty’s private estates are to be read in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37);

(b) references to a government department include a Minister of the Crown and the Senedd Commission (and see section 85 of the Government of Wales Act 2006 (c. 32), which provides for references to a government department to include the Welsh Ministers, the First Minister and the Counsel General).

Commencement Information

I1 S. 207 not in force at Royal Assent, see s. 212

I2 S. 207 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)

208 Church of England land E+W

(1) Where any provision contained in or made under this Act requires or authorises a notice or other document to be served on an owner of land, and the land is Church of England land, a corresponding document must also be served on the appropriate Board of Finance.

(2) Church of England land belonging to an ecclesiastical benefice which is vacant is to be treated for the purposes of this Act as belonging to the appropriate Board of Finance.

(3) Any compensation payable under this Act in relation to Church of England land must be—

(a) paid to the appropriate Board of Finance, and

(b) applied by that Board for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Church Measure authorising or disposing of the proceeds of such a sale.

(4) Where an amount is recoverable under section 22 in relation to Church of England land, the appropriate Board of Finance may apply any money or securities held by it towards repaying that amount.

(5) In this section—

• “appropriate Board of Finance” (“Bwrdd Cyllid priodol”), in relation to any land, means the Diocesan Board of Finance for the diocese in which the land is situated;

• “Church Measure” (“Mesur gan Eglwys Loegr”) means a Measure of the Church Assembly or of the General Synod of the Church of England;

• “Church of England land” (“tir Eglwys Loegr”) means land which—

  (a)

  belongs to an ecclesiastical benefice of the Church of England,

  (b)

  is or forms part of a church subject to the jurisdiction of a bishop of a diocese of the Church of England or the site of such a church, or

  (c)

  is or forms part of a burial ground subject to the jurisdiction of such a bishop.

Commencement Information

I3 S. 208 not in force at Royal Assent, see s. 212

I4 S. 208 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)