OpenLegislation

Section 98 Application to the CrownI1I2

England and Wales

(1)

This Part binds the Crown, subject as follows.

(2)

Regulations under this Part may (but need not) make provision binding the Crown; but—

(a)

no contravention of any provision of regulations under this Part is to make the Crown criminally liable;

(b)

regulations under this Part may not confer a power of entry over Crown land unless the regulations require a person who may exercise such a power to obtain the permission of the appropriate authority before the power is exercised.

(3)

Before implementing a conservation measure under an EDP that is to be taken on or may otherwise affect Crown land, Natural England must obtain the permission of the appropriate authority.

(4)

The power conferred by section 83 applies in relation to Crown land, but only if the person seeking entry to the land has the permission of—

(a)

a person appearing to the person seeking entry to be entitled to give it, or

(b)

the appropriate authority.

(5)

The power conferred by section 88(1) applies in relation to Crown land, but, except where subsection (6) applies, only if the person seeking entry to the land has the permission of—

(a)

a person appearing to the person seeking entry to be entitled to give it, or

(b)

the appropriate authority.

(6)

This subsection applies if—

(a)

the person seeking to exercise that power is a person authorised by the Secretary of State, and

(b)

the appropriate authority is a government department or the Secretary of State.

(7)

If the appropriate authority is the occupier of the land, section 83(3) (notice requirement) does not apply in relation to the exercise of the power conferred by section 83 or 88(1).

(8)

The following provisions do not apply in relation to anything done by virtue of subsection (4) or (5)—

(a)

section 85(7) to (10) (further provision about powers of entry);

(b)

section 87 (offences).

(9)

Sections 89 and 90 (powers to acquire land compulsorily) do not apply in relation to Crown land.

(10)

In this section, “Crown land” and “the appropriate authority” have the same meanings as in Part 13 of the Town and Country Planning Act 1990 (see section 293 of that Act).

Annotations

Commencement

I1

S. 98 not in force at Royal Assent, see s. 118(3)

I2

S. 98 in force at 18.2.2026 by S.I. 2025/1370, reg. 4(1)(l)(3)