Public Health Act 1936

341 Power to apply provisions of Act to Crown property. E+W

(1) The provisions of this section shall apply in relation to any house, building or other premises being property belonging to His Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a Government department, or held in trust for His Majesty for purposes of a Government department.

(2) The authority which in relation to any such property is for the purposes of this section the appropriate authority and the council of the county, or the local authority of the district, in which that property is situate may agree that any provisions of this Act specified in the agreement shall apply to that property and, while the agreement is in force, those provisions shall apply to that property accordingly, subject however to the terms of the agreement.

Any such agreement as aforesaid may contain such consequential and incidental provisions, including, with the approval of the Treasury, provisions of a financial character, as appear to the appropriate authority to be necessary or equitable.

(3) In this section the expression “the appropriate authority” means—

(a) in the case of property belonging to His Majesty in right of the Crown, the [F1 Crown Estate Commissioners] or other Government department having the management of the property in question;

(b) in the case of property belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(c) in the case of property belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; and

(d) in the case of property belonging to a Government department or held in trust for His Majesty for purposes of a Government department, that department;

and, if any question arises as to what authority is the appropriate authority in relation to any property, that question shall be referred to the Treasury, whose decision shall be final.

Textual Amendments

F1 Words substituted by virtue of Crown Estate Act 1956 (c. 73), s. 1(1)(7) and Crown Estate Act 1961 (c. 55), s. 1(1) Sch. 2 para. 4(1)

Modifications etc. (not altering text)

C1 S. 341 extended by Greater London Council (General Powers) Act 1967 (c. xx), s. 21(6), Mines and Quarries (Tips) Act 1969 (c. 10), s. 33 and Fire Precautions Act 1971 (c. 40), s. 40(7)

C2 S. 341 applied by Housing Act 1985 (c. 68, SIF 61), s. 415

C3 S. 341 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)

C4 S. 341 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 9, Sch. 1

C5 S. 341 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 1

C6 S. 341 modified (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 11(4), Sch. 1

C7 S. 341 applied (with modifications) (2.7.2009) by Broads Authority Act 2009 (c. i), s. 39(5), Sch. 5 (with ss. 2(3), 16(3), 41(4), 42, Sch. 6 Pts. 2, 3)