The Crown
50Application of powers to Crown land
1
The powers conferred on the nominated undertaker under this Act may be exercised in relation to Crown land with the consent of the Crown authority.
2
The Crown authority may give consent under this section—
a
subject to conditions, and
b
notwithstanding anything in any lease or other grant granted by or to that authority.
3
In this Act, “Crown land” means land in which there is—
a
an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,
b
an interest belonging to Her Majesty in right of the Crown, or
c
an interest belonging to Her Majesty in right of the Duchy of Lancaster.
4
In this Act, “Crown authority”, in relation to any Crown land, means—
a
in a subsection (3)(a) case, the government department in question;
b
in a subsection (3)(b) case—
i
if the land forms part of the Crown Estate, the Crown Estate Commissioners, and
ii
in any other case, the government department having management of the land;
c
in a subsection (3)(c) case, the Chancellor of the Duchy of Lancaster.
5
If for the purposes of this section a question arises as to which authority is the Crown authority for any land—
a
the question is to be decided by the Treasury, and
b
the Treasury's decision is final.
51Highways for which Secretary of State is highway authority
1
The powers conferred on the nominated undertaker under this Act with respect to works may be exercised in relation to a highway for which the Secretary of State is the highway authority with the Secretary of State's consent.
2
The Secretary of State may give consent subject to conditions.
52Crown Estate
Section 3(1) and (2) of the Crown Estate Act 1961 (limitations on Crown Estate Commissioners' powers of disposal in relation to land under their management) do not apply in relation to land within the Act limits which appears to the Crown Estate Commissioners to be required for Phase 2a purposes.