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Transport and Works Act 1992, Section 25 is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If the appropriate authority agrees—
(a)an interest which—
(i)subsists in land in which there is a Crown or Duchy interest, but
(ii)is not itself a Crown or Duchy interest,
may be acquired compulsorily by virtue of an order under section 1 or 3 above, and
(b)any provision of this Act or of such an order (other than a provision by virtue of which an interest in land is compulsorily acquired) may apply in relation to land in which there is a Crown or Duchy interest.
(2)In this section “Crown or Duchy interest” means an interest belonging to Her 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 Her Majesty for the purposes of a government department.
(3)In this section “the appropriate authority” means—
(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 the case of other land belonging to Her Majesty in right of the Crown, the government department having the management of the land [F1or the relevant person];
(c)in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(d)in the case of land 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;
(e)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department.
[F2(3A)In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.]
(4)If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.
Textual Amendments
F1Words in s. 25(3)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 25(a)
F2S. 25(3A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 25(b)
Commencement Information
I1Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.
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