Effect of Crown disclaimer
Part 31 Dissolution and restoration to the register
(1)Where notice of disclaimer is executed under section 1013 as respects any property, that property is deemed not to have vested in the Crown under section 1012.
(2)The following sections contain provisions as to the effect of the Crown disclaimer—
sections 1015 to 1019 apply in relation to property in England and Wales or Northern Ireland;
sections 1020 to 1022 apply in relation to property in Scotland.
Interprets the disclaimer’s effect as meaning that the lease was deemed not to have vested in the Crown under section 1012. That consequence did not destroy third-party security interests (see para [16]).
Section 1014(1) deems disclaimed property not to have vested in the Crown. The court treated this provision as part of the statutory scheme but held that it did not displace the restoration provisions or preserve the disclaimer after restoration. (see paras [10], [22]) Section 1014(2) directs attention to the provisions governing the effect of disclaimer in England and Wales, Northern Ireland and Scotland. The court used the provision in explaining the distinction between the applicable jurisdictions. (see paras [10], [15], [22], [28])
The court held that disclaimer meant the freehold was deemed not to have vested in the Crown under section 1012, while the company’s freehold interest was nevertheless terminated under section 1015. (see paras [11]-[12], [21]-[23])
What each judgment says about section 1014 is in the case-law panel in the full Act.