Section 128H Sections 128A to 128G: interpretation and application to the CrownF1
In sections 128A to 128G and this section—
“application” means an application for a statutory trust discharge order;
“commencement” means the coming into force of section 69 of the English Devolution and Community Empowerment Act 2026;
“long lease” means a lease which was granted for a term of 20 years or longer;
“new publicity requirements” has the meaning given in section 128E(1);
“previous advertisement procedure” means whichever of the following applied to the previous appropriation or disposal—
- (a)
the requirement to advertise notice of the intention to make the appropriation in accordance with—
- (i)
section 122(2A) in the case of an appropriation by a principal council;
- (ii)
section 126(4A) in the case of an appropriation by a parish council or parish meeting;
- (i)
- (b)
the requirement to advertise notice of the intention to make the disposal in accordance with—
- (i)
section 123(2A) in the case of a disposal by a principal council;
- (ii)
section 123(2A) as applied by section 127(2) in the case of a disposal by a parish council or parish meeting;
- (i)
- (a)
“previous appropriation or disposal” has the meaning given in section 128D(4);
“qualifying conditions” has the meaning given in section 128D(1);
“relevant land” means the land identified in the application for a statutory trust discharge order as the land relation to which the order is being sought;
“statutory trust discharge order” has the meaning given in section 128A(1).
A reference in sections 128A to 128G to the freehold owner, or the tenant under a long lease, is a reference to—
the Crown Estate Commissioners, if the freehold or long lease belongs to His Majesty in right of the Crown and forms part of the Crown Estate;
the government department having the management of the freehold or long lease, if it belongs to His Majesty in right of the Crown but does not form part of the Crown estate;
the government department concerned, if the freehold or long lease belongs to a government department or is held in trust for His Majesty for the purposes of a government department;
a person appointed by His Majesty in writing under the Royal Sign Manual, or if no such appointment is made the Secretary of State, if the freehold or long lease belongs to His Majesty in right of His private estates (which must be construed in accordance with section 1 of the Crown Private Estates Act 1862);
the Chancellor of the Duchy of Lancaster, if the freehold or long lease belongs to His Majesty in right of the Duchy of Lancaster;
a person appointed by the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, if the freehold or long lease belongs to the Duchy of Cornwall.
Annotations
Textual amendments
- F1
Ss. 128A-128H and cross-heading inserted (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 69(2), 108(1)(6)
Notes on Part VII
Modifications
- C1
Pt. VII (ss. 111–146) extended by Water Act 1989 (c. 15, SIF 130), s. 164(2), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
- C2
Pt. VII (ss. 111-146) extended by Water Industry Act 1991 (c. 56, SIF 130), ss. 83(2), 219(3)