Fireworks and Pyrotechnic Articles (Scotland) Act 2022

55Crown application: powers of entryS

This section has no associated Explanatory Notes

(1)A warrant granted under section 40 or schedule 2 is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”).

Crown land

Appropriate authority

Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners)

The Crown Estate Commissioners

Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown Estate

The person managing the land

Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate

The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land

Land an interest in which belongs to Her Majesty in right of Her private estates

The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers

Land an interest in which belongs to an office-holder in the Scottish Administration

The office-holder in the Scottish Administration

Land an interest in which belongs to a Government department

The Government department

Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration

The office-holder in the Scottish Administration

Land an interest in which is held in trust for Her Majesty for the purposes of a Government department

The Government department

(2)In subsection (1)

(a)the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,

(b)Government department” means a department of the Government of the United Kingdom,

(c)Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

(3)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.

Commencement Information

I1S. 55 not in force at Royal Assent, see s. 56(2)

I2S. 55 in force at 10.10.2022 by S.S.I. 2022/280, reg. 2, sch.