Crown Estate (Wales) Bill [HL]

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

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6 Jun 2025
Lords: Report
HL Bill 29 (as introduced)
(0 amendments)
This bill was unamended at Committee Stage
Date Debate
Tuesday 22nd July 2025 Report 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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3 New Clauses Proposed

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

No amendments available.