Crown Estate (Wales) Bill [HL]

A Bill to transfer responsibility for the Crown Estate in Wales to the Welsh Government; and for connected purposes.

This is the latest version of the Bill

Available Versions

6 Jun 2025
Lords: Report
HL Bill 29 (as introduced)
(0 amendments)
This bill was unamended at Committee Stage
10 Sep 2024
Lords: Committee
HL Bill 29 (as introduced)
(10 amendments)

Relevant Documents

Bill PDF
HL Bill 29 (as introduced)
Latest Amendments
HL Bill 29-I(a) Amendment for Committee (Supplementary to the Marshalled List)

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Page 1

1
The Crown Estate
 
 
(1)
In Part 2 of the Wales Act 2017 (legislative and executive competence: further
 
 
provision), after section 52 insert—
 
 
“The Crown Estate
 

52A

5
 
(1)
The Treasury may make a scheme transferring on the transfer date all
 
 
the existing Welsh functions of the Crown Estate Commissioners (“the
 
 
Commissioners”) to the Welsh Ministers or a person nominated by
 
 
the Welsh Ministers (“the transferee”).
 
 
(2)
The existing Welsh functions are the Commissioners’ functions relating
10
 
to the part of the Crown Estate that, immediately before the transfer
 
 
date, consists of—
 
 
(a)
property, rights or interests in land in Wales, excluding
 
 
property, rights or interests mentioned in subsection (3), and
 
 
(b)
rights in relation to the Welsh zone.
15
 
(3)
Where immediately before the transfer date part of the Crown Estate
 
 
consists of property, rights or interests held by a limited partnership
 
 
registered under the Limited Partnerships Act 1907, subsection (2)(a)
 
 
excludes—
 
 
(a)
the property, rights or interests, and
20
 
(b)
any property, rights or interests in, or in a member of, a partner
 
 
in the limited partnership.
 
 
(4)
Functions relating to rights within subsection (2)(b) are to be treated
 
 
for the purposes of this Act as exercisable in or as regards Wales.
 

Page 2

 
(5)
The property, rights and interests to which the existing Welsh functions
 
 
relate must continue to be managed on behalf of the Crown.
 
 
(6)
That does not prevent the disposal of property, rights or interests for
 
 
the purposes of that management.
 
 
(7)
Subsection (5) also applies to property, rights or interests acquired in
5
 
the course of that management (except revenues to which section 1(3)
 
 
of the Civil List Act 1952 applies).
 
 
(8)
The property, rights and interests to which subsection (5) applies must
 
 
be maintained as an estate in land or as estates in land managed
 
 
separately (with any proportion of cash or investments that seems to
10
 
the person managing the estate to be required for the discharge of
 
 
functions relating to its management).
 
 
(9)
The scheme may specify any property, rights or interests that appear
 
 
to the Treasury to fall within subsection (2)(a) or (b), without prejudice
 
 
to the functions transferred by the scheme.
15
 
(10)
The scheme must provide for the transfer to the transferee of
 
 
designated rights and liabilities of the Commissioners in connection
 
 
with the functions transferred.
 
 
(11)
The scheme must include provision to secure that the employment of
 
 
any person in Crown employment (within the meaning of section 191
20
 
of the Employment Rights Act 1996) is not adversely affected by the
 
 
transfer.
 
 
(12)
The scheme must include such provision as the Treasury consider
 
 
necessary or expedient—
 
 
(a)
in the interests of defence or national security,
25
 
(b)
in connection with access to land for the purposes of
 
 
telecommunications and wireless telegraphy,
 
 
(c)
for securing that the management of property, rights or interests
 
 
to which subsection (5) applies does not conflict with the
 
 
exploitation of oil and gas resources, or with other reserved
30
 
matters in connection with their exploitation, and
 
 
(d)
for securing consistency, in the interests of consumers, in the
 
 
management of property, rights or interests to which subsection
 
 
(5) applies and of property, rights or interests to which the
 
 
Commissioners’ functions other than the existing Welsh
35
 
functions relate, so far as it affects the transmission or
 
 
distribution of electricity or the provision or use of electricity
 
 
interconnectors.
 
 
(13)
Any transfer by the scheme is subject to any provision under subsection
 
 
(12).
40
 
(14)
The scheme may include—
 
 
(a)
incidental, supplemental and transitional provision;
 
 
(b)
consequential provision, including provision amending an
 
 
enactment, instrument or other document;
 

Page 3

 
(c)
provision conferring or imposing a function on any person
 
 
including any successor of the transferee;
 
 
(d)
provision for the creation of new rights or liabilities in relation
 
 
to the functions transferred.
 
 
(15)
On the transfer date, the existing Welsh functions and the designated
5
 
rights and liabilities are transferred and vest in accordance with the
 
 
scheme.
 
 
(16)
A certificate by the Treasury that anything specified in the certificate
 
 
has vested in any person by virtue of the scheme is conclusive evidence
 
 
for all purposes.
10
 
(17)
The Treasury may make a scheme under this section only with the
 
 
agreement of the Welsh Ministers.
 
 
(18)
The power to make a scheme under this section is exercisable by
 
 
statutory instrument.
 
 
(19)
No scheme may be made under this section unless a draft of the
15
 
statutory instrument containing it has been laid before, and approved
 
 
by a resolution of, each House of Parliament and Senedd Cymru.
 
 
(20)
The power to amend the scheme is exercisable so as to provide for an
 
 
amendment to have effect from the transfer date.
 
 
(21)
In this section—
20
 
“designated” means specified in or determined in accordance
 
 
with the scheme;
 
 
“the transfer date” means a date specified by the scheme as the
 
 
date on which the scheme is to have effect.”
 
 
(2)
In Part 1 (general reservations) of Schedule 7A (reserved matters) to the
25
 
Government of Wales Act 2006, omit paragraph 2(2).
 
 
(3)
For the purposes of the exercise on and after the transfer date of functions
 
 
transferred by the scheme under section 52A of the Wales Act 2017, the Crown
 
 
Estate Act 1961 applies in relation to the transferee as it applied immediately
 
 
before that date to the Crown Estate Commissioners, with the following
30
 
modifications—
 
 
(a)
a reference to the Crown Estate is to be read as a reference to the
 
 
property, rights and interests to which section 52A applies;
 
 
(b)
a reference to the Treasury is to be read as a reference to the Welsh
 
 
Ministers;
35
 
(c)
a reference to the Comptroller and Auditor General is to be read as
 
 
a reference to the Auditor General for Wales;
 
 
(d)
a reference to Parliament or either House of Parliament is to be read
 
 
as a reference to Senedd Cymru;
 
 
(e)
the following do not apply—
40
 
(i)
in section 1, subsections (1), (4) and (7);
 

Page 4

 
(ii)
in section 2, subsections (1) and (2) and, if the Welsh Ministers
 
 
are the transferee, the words in subsection (3) from “in relation
 
 
thereto” to the end;
 
 
(iii)
in section 4, the words “with the consent of His Majesty
 
 
signified under the Royal Sign Manual”;
5
 
(iv)
sections 5, 7 and 8 and Schedule 1.
 
 
(4)
Subsection (3) is subject to any provision made by Order in Council under
 
 
subsection (5) or by any other enactment, including an enactment comprised
 
 
in, or in an instrument made under, an Act of Senedd Cymru.
 
 
(5)
His Majesty may by Order in Council make such provision as He considers
10
 
appropriate for or in connection with the exercise by the transferee under the
 
 
scheme under section 52A of the Wales Act 2017 (subject to subsections (5)
 
 
to (8) of that section) of functions transferred by the scheme, including
 
 
provision taking effect on or before the transfer date.
 
 
(6)
An Order in Council under subsection (5) may in particular—
15
 
(a)
establish a body, including a body that may be nominated under that
 
 
section as the transferee;
 
 
(b)
amend, repeal, revoke or otherwise modify an enactment, an Act of
 
 
Senedd Cymru, or an instrument made under an enactment or Act of
 
 
Senedd Cymru.
20
 
(7)
The power to make an Order in Council under subsection (5) is exercisable
 
 
by statutory instrument.
 
 
(8)
A statutory instrument containing an order under subsection (5) may not be
 
 
made unless a draft of the instrument has been laid before and approved by
 
 
a resolution of Senedd Cymru.
25
 
(9)
Section 1 of the Civil List Act 1952 (payment of hereditary revenues to the
 
 
Exchequer) is amended in accordance with subsections (10) and (11).
 
 
(10)
In subsection (1), for “subsection (2)” substitute “subsections (2) and (3)”.
 
 
(11)
After subsection (2) insert—
 
 
“(3)
In relation to Wales, the hereditary revenues of the Crown from the
30
 
property, rights and interests the management of which is transferred
 
 
by the scheme under section 52A of the Wales Act 2017 shall be paid
 
 
into the Welsh Consolidated Fund.”
 
2
Extent, commencement and short title
 
 
(1)
Any amendment or repeal made by this Act has the same extent as the
35
 
provision amended or repealed.
 
 
(2)
This Act comes into force on the day on which it is passed.
 
 
(3)
This Act may be cited as the Crown Estate (Wales) Act 2024.
 
Amendments
Amendment 9

Tabled: 05 Jun 2025
HL Bill 29-I(a) Amendment for Committee (Supplementary to the Marshalled List)

This amendment was NOT MOVED

After Clause 1, insert the following new Clause—
“Report on the effectiveness of devolution of the Crown Estate in Wales
Within 12 months of the day on which this Act comes into force the Secretary of Statement must prepare and publish a report of the impact of the devolution of the Crown Estate in Wales on—
(a) the management of the Crown Estate’s finances in Wales,
(b) the effective management of the Crown Estate’s land in Wales, and
(c) environmental standards in Wales.”

Type: Backbencher

Signatures: 2

Lord Moynihan (Con - Excepted Hereditary) - 05 Jun 2025
Lord Harlech (Con - Excepted Hereditary) - 05 Jun 2025

Member's explanatory statement

This amendment would require the Secretary of State to produce a report on the effectiveness of devolving the management of the Crown Estate.

Amendment 1

Tabled: 04 Jun 2025
HL Bill 29-I Marshalled list for Committee

This amendment was WITHDRAWN

Clause 1, page 2, line 6, leave out from “management” to end of line 7

Type: Backbencher

Signatures: 2

Lord Harlech (Con - Excepted Hereditary) - 04 Jun 2025
Lord Moynihan (Con - Excepted Hereditary) - 04 Jun 2025

Member's explanatory statement

This amendment would ensure that any revenues from the Welsh Crown Estate would still be paid into the Exchequer.

Amendment 2

Tabled: 04 Jun 2025
HL Bill 29-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 1, page 2, line 38, at end insert—
“(e) for limiting the amount the transferee is able to borrow to a net to debt asset value ratio of no more than 25 per cent.”

Type: Backbencher

Signatures: 2

Lord Moynihan (Con - Excepted Hereditary) - 04 Jun 2025
Lord Harlech (Con - Excepted Hereditary) - 04 Jun 2025
Amendment 3

Tabled: 04 Jun 2025
HL Bill 29-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 1, page 2, line 38, at end insert—
“(12A) The Treasury may impose whatever conditions the Treasury sees fit under the scheme for ensuring the expeditious exercise of the functions of the Crown Estate in Wales.”

Type: Backbencher

Signatures: 2

Lord Moynihan (Con - Excepted Hereditary) - 04 Jun 2025
Lord Harlech (Con - Excepted Hereditary) - 04 Jun 2025
Amendment 4

Tabled: 07 Mar 2025
HL Bill 29 Running list of amendments – 7 March 2025

This amendment was NOT MOVED

Clause 1, page 3, line 24, at end insert—
“52B Crown Estate: further provision
(1) The power of the Treasury under section 52A(1) must be exercised by the Treasury so that the transfer date is no earlier than 3 years after the passing of the Crown Estate (Wales) Act 2025 and no later than 7 years after the passing of that Act.
(2) In the period between the passing of the Crown Estate (Wales) Act 2025 and the transfer date, the Commissioners must carry out their functions in relation to—
(a) property, rights or interests in land in Wales, and
(b) rights in relation to the Welsh zone,
in accordance with section 5A of the Crown Estate Act 1961 (special provision for the Crown Estate in Wales).”

Type: Backbencher

Signatures: 1

Lord Thomas of Cwmgiedd (XB - Life peer) - 07 Mar 2025

Member's explanatory statement

The purpose of this amendment is to delay the transfer of the functions in respect of the Crown Estate in Wales for a period of 3-7 years after the passing of the Act, but until the functions are transferred to require the Crown Estate Commissioners to engage with Welsh Ministers.

Amendment 5

Tabled: 07 Mar 2025
HL Bill 29 Running list of amendments – 7 March 2025

This amendment was WITHDRAWN

Clause 1, page 4, line 20, at end insert—
“(c) confer on the Welsh Ministers or the body that may be nominated as the transferee power to enter into an agreement with the Crown Estate Commissioners for the performance of specified matters in relation to management or investments of the Welsh Crown Estate on behalf of Welsh Ministers or the body nominated as the transferee.”

Type: Backbencher

Signatures: 1

Lord Thomas of Cwmgiedd (XB - Life peer) - 07 Mar 2025

Member's explanatory statement

This amendment permits agreements to be entered into for the Crown Estates Commissioners to exercise specified management and investment functions on behalf of Welsh Ministers.

Amendment 6

Tabled: 04 Jun 2025
HL Bill 29-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 1, page 4, line 26, leave out subsections (9) to (11)

Type: Backbencher

Signatures: 2

Lord Harlech (Con - Excepted Hereditary) - 04 Jun 2025
Lord Moynihan (Con - Excepted Hereditary) - 04 Jun 2025

Member's explanatory statement

This amendment would ensure that any revenues from the Welsh Crown Estate would still be paid into the Exchequer.

Amendment 7

Tabled: 07 Mar 2025
HL Bill 29 Running list of amendments – 7 March 2025

This amendment was NOT MOVED

Clause 1, page 4, line 33, at end insert—
“(12) In the Crown Estate Act 1961, after section 5 insert—
“5A Special provision for the Crown Estate in Wales
(1) Until the transfer date for the Crown Estate in Wales as provided for in sections 52A and 52B of the Wales Act 2017 (The Welsh Crown Estate and Crown Estate: further provision), and notwithstanding anything in the foregoing provisions of this Act, subsections (2), (3) and (4) have effect.
(2) It is the duty of the Commissioners in exercising their powers under this Act in relation to property, rights or interests in land in Wales, and rights in relation to the Welsh zone as defined in section 52A of the Wales Act 2017 (the Welsh Crown Estate) to—
(a) take into account, but not be bound by, the views of Welsh Ministers as communicated to them by Welsh Ministers, and
(b) provide Welsh Ministers with all such information as Welsh Ministers may require in relation to the Welsh Crown Estate.
(3) The reports and accounts of the Commissioners as published each year must separately identify—
(a) the capital and income attributable to the Welsh Crown Estate,
(b) the direct expenses attributable to the Welsh Crown Estate,
(c) the reasonable amount of central costs and other expenses attributable to the Welsh Crown Estate, and
(d) the sum which represents the proportion of the consolidated revenue account distributable to the Consolidated Fund which is attributable to the Welsh Crown Estate.
(4) The sum specified in subsection (3)(d) must be paid directly by the Commissioners to the Welsh Consolidated Fund.””

Type: Backbencher

Signatures: 1

Lord Thomas of Cwmgiedd (XB - Life peer) - 07 Mar 2025

Member's explanatory statement

This amendment would require the Crown Estate Commissioners to engage with Welsh Ministers until the functions are transferred to the Crown Estate in Wales (so that there can be an orderly and planned transfer), to publish financial information about the Crown Estate in Wales, and to pay the net income from the Crown Estate in Wales to the Welsh Consolidated Fund.

Amendment 8

Tabled: 04 Jun 2025
HL Bill 29-I Marshalled list for Committee

This amendment was NOT MOVED

After Clause 1, insert the following new Clause—
“Limit on borrowing of the Welsh Crown Estate
(1) The Welsh Ministers or the transferee must limit any borrowing by the Crown Estate in Wales under this Act by regulations made by statutory instrument, and these regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cyrmu.
(2) The first set of regulations made under subsection (2) must limit borrowing to a net debt to asset value ratio of no more than 25 per cent.”

Type: Backbencher

Signatures: 2

Lord Moynihan (Con - Excepted Hereditary) - 04 Jun 2025
Lord Harlech (Con - Excepted Hereditary) - 04 Jun 2025

Member's explanatory statement

This amendment would limit the amount the Welsh Ministers or transferee may borrow by regulations subject to the affirmative procedure for statutory instruments.

Amendment

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

Type: Backbencher

Signatures: 2

Lord Harlech (Con - Excepted Hereditary)
Lord Moynihan (Con - Excepted Hereditary)