Planning and Compulsory Purchase Act 2004

Yn ddilys o 20/03/2006

Definitions S

6 (1) In the principal Scottish Act, section 242 (preliminary definitions) is amended as follows. S

(2) In subsection (1) for the definition of “Crown interest” there is substituted the following definition—

““Crown interest” means any of the following—

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

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

(c) such other interest as the Scottish Ministers specify by order;”.

(3) In subsection (2) after paragraph (b) there is inserted the following paragraph—

“(ba) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;”.

(4) After subsection (2) there is inserted the following subsection—

“(2A) 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.”

(5) After subsection (3) there is inserted the following subsection—

“(3A) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).”

(6) After subsection (4) there are inserted the following subsections—

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

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

7 S In the Scottish listed buildings Act, after section 73B (inserted by section 93(1)), there is inserted the following section—

“73C Expressions relating to the Crown

(1) Expressions relating to the Crown must be construed in accordance with this section.

(2) Crown land is land in which there is a Crown interest.

(3) A Crown interest is any of the following—

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

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

(c) such other interest as the Scottish Ministers specify by order.

(4) A private interest is an interest which is not a Crown interest.

(5) The appropriate authority in relation to any land is—

(a) in the case of land belonging to Her 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 Her Majesty in right of the Crown, the government department having the management of the land,

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

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

(6) If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Scottish Ministers, whose decision is final.

(7) For the purpose of an application for listed building consent 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.

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

(9) An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument.

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

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

8 (1) In the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) (referred to in this Schedule as the “Scottish hazardous substances Act”), section 31 (exercise of powers in relation to Crown land) is amended as follows. S

(2) Subsections (1) and (2) are omitted.

(3) In subsection (3) for the definition of “Crown interest” there is substituted the following definition—

““Crown interest” means any of the following—

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

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

(c) such other interest as the Scottish Ministers specify by order.”

(4) In subsection (5) after paragraph (b) there is inserted the following paragraph—

“(ba) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,”.

(5) After subsection (6) there are inserted the following subsections—

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

(8) An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (3) must be made by statutory instrument.

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