Marine and Coastal Access Act 2009

General E+W

307 Isles of Scilly E+W

(1) Subject to the provisions of an order under subsection (2), sections 296 to 301, 304, 305, 308 and 309 and Schedule 20 do not apply in relation to the Isles of Scilly.

(2) The Secretary of State may by order provide for the application of any of those provisions in relation to the Isles of Scilly, subject to such modifications as may be specified in the order.

(3) Before making an order under subsection (2), the Secretary of State must consult the Council of the Isles of Scilly.

(4) The power exercisable under section 111 of the 1949 Act (application to Isles of Scilly as if a separate county) in relation to the provisions of Part 4 of that Act is exercisable in relation to that Part as amended by section 302.

(5) The powers exercisable under section 100(1), (2) and (4) of the CROW Act (application to Isles of Scilly) in relation to provisions of Part 1 of that Act are exercisable in relation to that Part as amended by section 303.

Commencement Information

I1 S. 307 wholly in force at 12.1.2010; s. 307 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 307 in force in so far as not already in force at 12.1.2010 see s. 324(2)(d)

308 The Crown E+W

(1) This Part is binding on the Crown and applies in relation to any Crown land as it applies in relation to any other land.

(2) For this purpose “Crown land” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b) belongs to Her Majesty in right of the Duchy of Lancaster,

(c) belongs to the Duchy of Cornwall, or

(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(3) The appropriate authority may enter into—

(a) an agreement under section 35 of the CROW Act (means of access) entered into by Natural England or an access authority by virtue of paragraph 1 of Schedule 20, or

(b) an agreement under paragraph 2 of that Schedule (establishment and maintenance of the English coastal route),

as respects an interest in Crown land held by or on behalf of the Crown.

(4) An agreement described in subsection (3)(a) or (b) as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.

(5) The “appropriate authority” means—

(a) in the case of land which belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having management of the land in question;

(b) in the case of land which belongs 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 Secretary of State;

(c) in the case of land which belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

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

(6) If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.

(7) In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

309 Interpretation of this Part E+W

In this Part—

• “the 1949 Act” has the meaning given by section 296(8);

• “access authority”, in relation to any land, has the same meaning as in Part 1 of the CROW Act;

• “the coastal access duty” has the meaning given by section 296(4);

• “coastal margin” means land which is coastal margin for the purposes of Part 1 of the CROW Act (including any land treated as coastal margin by virtue of section 16 of that Act);

• “the CROW Act” has the meaning given by section 296(8);

• “the English coast” has the meaning given by section 300;

• “the English coastal route” has the meaning given by section 296(3);

• “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);

• “functions” includes powers and duties;

• “long-distance route” means a route provided for in approved proposals relating to a long-distance route within the meaning of section 52(3) of the 1949 Act (as read with section 55(4) of that Act);

• “the sea”, subject to section 301, does not include any part of a river which is upstream of the seaward limit of the river's estuarial waters.