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Paragraph 22 F1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A private interest in land may be acquired compulsorily under section 21A above even though the land is Crown land F2if the appropriate authority is the Assembly or, otherwise, if consent is given in writing by the appropriate authority.

(2)

In this paragraph—

(a)

“private interest” means an interest which is not a Crown interest or a Duchy interest;

(b)

“Crown land” means land in which there is a Crown interest or a Duchy interest;

(c)

“Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

(d)

“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall; and

(e)

“appropriate authority” in relation to Crown land shall be determined in accordance with section 293(2) of the M1Town and Country Planning Act 1990.

Annotations

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.

F2

Words in Sch. 4 para. 22(1) inserted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(15) (with art. 3(1))

Marginal citations

M1

1990 c. 8.

Notes on Schedule 4

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

Notes on Part IV

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.

Notes on Crown land

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.