Summary and Background General Section 308: The Crown
797.This section makes Part 9 of the Act binding on the Crown and applies it to any Crown land. Subsection (2) sets out what constitutes “Crown land”.
798.Subsection (3) enables the appropriate authority (as defined by subsection (5)) in relation to land held by or on behalf of the Crown to enter into an agreement under section 35 of the CROW Act (agreements with respect to means of access) entered into by Natural England or an access authority, by virtue of paragraph 1 of Schedule 20) or an agreement under paragraph 2 of that Schedule in respect of that Crown land. Subsection (4) provides that an agreement with respect to any other interest in Crown land (for example, a person entering an agreement in respect of his leasehold interest in Crown land) is of no effect unless it has been approved by the appropriate authority in relation to that land. Subsection (5) sets out what constitutes the “appropriate authority” in relation to different categories of Crown land.
799.Subsection (6) provides for any question as to which Crown authority is the appropriate authority for the purpose of making or approving an agreement under subsection (3) to be referred to the Treasury, whose decision is final. Subsection (7) provides for any reference to Her Majesty’s private estates to be construed in accordance with section 1 of the Crown Private Estates Act 1862.