Letter from the Minister for Environment and Land reform to the Convener, 17 September 2021
I am writing to advise that on 13 September 2021 the third and final commencement order of the Scottish Crown Estate Act 2019 (the 2019 Act) was laid before the Scottish Parliament. These Regulations bring sections 3, 4, 5, 6, 16(2) & (3), 20, 24, 25, 27(4), 27(5a), 29(6), 30(4), 31, 32, 33, 34(2) & (5), 35(1b), 36 and 39 into force on 27 Setpember 2021. This final phase covers sections relating relating to transfers and/or delegation of management of Scottish Crown Estate assets to other eligible bodies. They will also bring into force the remaining sections within the 2019 Act which include reporting, accounting and grants for new managers.
Background
To ensure a smooth commencement process for Crown Estate Scotland and their tenants, commencement of the 2019 Act has been undertaken in key phases. The first commencement order (S.S.I 2019/170) was laid before the Scottish Parliament on 17 May 2019 and came into force on 1 June 2019. It included sections 2, 22, 23, 37, 38, 40 and 41, which introduced the Strategic Management Plan and Scottish Ministers’ powers and duties. The second commencement order (SSI 2020/77) renamed Crown Estate Scotland (Interim Management) to Crown Estate Scotland, and included new powers and duties, financial matters/reporting, and replaced the Crown Estate Act 1961. This phase also contained two separate commencement dates, the bulk coming into force on 1 April 2020 while section 15 (Restriction on removal of wild kelp from the seabed) came into force on 1 October 2020.
Managing a Scottish Crown Estate asset is a significant undertaking and so the process needs to reflect that, being robust enough to reflect the gravity of the undertaking whilst remaining accessible and navigable for – potentially small – community groups. Therefore, in preparation for the third and final commencement order and to assist eligible bodies who wish to apply for a transfer and/or delegation, officials enaged with Crown Estate Scotland and stakeholders to develop a framework that includes a mailbox for inquiries, educational material and an application pack. We also recognise that transfer and/or delegation are not the only outcomes that could meet community needs and so the process that officials have developed, with stakeholders, is designed to support communities towards the best outcome for them. By front loading information we will ensure that those who go into the process are well-informed through assessment material and guidance that is being made available.
Officials will commence a first round of applications for the management of a transfer and/or delegation on 1 November 2021, for a period of 6 months and close on 2 May 2022. This round will open with an Expression of Interest stage. Once the final order is commenced it could take 2 to 3 years before any transfer or delegation can be delivered as, under the 2019 Act, a transfer and/or delegation will require a period of consultation and a transfer requires its own regulations, either by affirmative or negative procedure.
No separate public consultation was carried out on the specific provisions in this commencement order, as commencement regulations are largely technical. The sections of the 2019 Act mentioned within the instrument were debated during the Act’s progress through the Scottish Parliament and based on a previous Scottish Government consultation on the long term management of the Scottish Crown Estate.
I hope that you find this helpful and I would be happy to provide further information as required.