Section 60 Preserved right of Crown to maritime burdens

Scotland

(1)

Where, immediately before the appointed day, the Crown has the right as superior to enforce a real burden against part of the sea bed or part of the foreshore, then, on and after that day, the Crown shall—

(a)

subject to any counter-obligation, have title to enforce; and

(b)

be presumed to have an interest to enforce,

the burden; and any burden as respects which the Crown has such title and interest shall, on and after the appointed day, be known as a “maritime burden”.

(2)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

For the purposes of this section—

“sea bed” means the bed of the territorial sea adjacent to Scotland; and
“territorial sea” includes any tidal waters.

(4)

In this section, “real burden” has the same meaning as in Part 4 of this Act.

Annotations

Textual amendments

F1: S. 60(2) repealed (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 128(2), 129(5)(b)(c), sch. 15 (with ss. 119, 121)