Section 20 – Crown application: powers of entry
101.Section 20 provides that the exercise of a power of entry authorised by warrant under section 5 of the Act onto Crown land requires the consent of the “appropriate authority”.
102.Subsection (1) introduces a table that defines different types of land which constitute “Crown land” and the corresponding person from whom consent must be obtained, referred to as “the appropriate authority.” This includes land belonging to Her Majesty the Queen both in right of the Crown and in right of her private estates (such as the Balmoral estate), and land belonging to an office-holder in the Scottish Administration or department of the Government of the United Kingdom. Who constitutes the “appropriate authority” from whom consent is required depends on the ownership or management of the land, as set out in the table. For example, in the case of land belonging to Her Majesty in right of the Crown which is managed by an office-holder in the Scottish Administration, then the appropriate authority is the office-holder in the Scottish Administration.
103.Subsection (2) provides further interpretative provision.
104.Subsection (3) makes clear that it is for the Scottish Ministers to determine any question that arises as to who, in accordance with subsection (1), is the appropriate authority in relation to any land, and their decision is final.
