Scottish Crown Estate draft strategic management plan: consultation

Annex D : The Scottish Crown Estate Act 2019 – Sections 7, 10, 11, 22 and 23

7 Duty to maintain and enhance value

This section has no associated Explanatory Notes

(1) The manager of one or more Scottish Crown Estate assets must maintain and seek to enhance—
(a) the value of the assets, and
(b) the income arising from them.

(2) In complying with the duty under subsection (1), the manager must—
(a) act in the way best calculated to further the achievement of sustainable development in Scotland, and
(b) seek to manage the assets in a way that is likely to contribute to the promotion or the improvement in Scotland of—
(i) economic development,
(ii) regeneration,
(iii) social wellbeing,
(iv) environmental wellbeing.

10 Disposals requiring Ministerial consent

This section has no associated Explanatory Notes

(1) Where subsection (2) or (3) applies, the manager of a Scottish Crown Estate asset (other than the Scottish Ministers) may transfer ownership of the asset only with the consent of the Scottish Ministers.

(2) This subsection applies where, as a result of the transfer, the manager would no longer manage any Scottish Crown Estate assets.

(3) This subsection applies where the asset is or includes a portion of the seabed (that is, the bed and subsoil of the sea within the Scottish marine area).

(4) In subsection (3)—

"Scottish marine area" is to be construed in accordance with section 1 of the Marine (Scotland) Act 2010,

"sea" is to be construed in accordance with section 2 of that Act.

11 Duty to obtain market value

This section has no associated Explanatory Notes

(1) The manager of a Scottish Crown Estate asset must not make any of the following transactions ("a relevant transaction") for consideration of less than market value—
(a) a transfer of ownership of the asset,
(b) a grant of a lease of the asset,
(c) a grant of any other right in or over the asset.

(2) Despite subsection (1), the manager may make a relevant transaction for consideration of less than market value (including for no consideration) if the manager is satisfied that the relevant transaction is likely to contribute to the promotion or the improvement in Scotland of—
(a) economic development,
(b) regeneration,
(c) social wellbeing,
(d) environmental wellbeing, or
(e) sustainable development.

(3) In deciding whether to make a relevant transaction for consideration of less than market value, the manager must have regard to the likely effect of the transaction on the value of the Scottish Crown Estate as a whole.

(4) Subsection (1) does not apply where the manager makes a relevant transaction—
(a) for the purpose of complying with an obligation enforceable against the Crown or against the manager,
(b) in pursuance of paragraph 3(2) or 4(2) of Part 1 of schedule 4 of the Crown Estate Transfer Scheme.

22 Strategic management Plan

(1) The Scottish Ministers must prepare a Plan for the management of the Scottish Crown Estate.

(2) The Plan must set out the Scottish Ministers'—
(a) objectives, priorities and policies in relation to the management of the Estate (including the acquisition of new assets), and
(b) assessment of how those objectives, priorities and policies align with the Scottish Ministers' other objectives, priorities and policies.

(3) The Plan may contain such other information about the Estate and its management as the Scottish Ministers consider appropriate.

(4) When preparing the Plan, the Scottish Ministers must consult—
(a) each manager,
(b) such other persons as they consider appropriate.

(5) A manager must have regard to the Plan when—
(a) preparing a management Plan,
(b) exercising any of the manager's other functions.

(6) The Scottish Ministers must—
(a) lay a copy of the Plan before the Scottish Parliament, and
(b) publish the Plan in such manner as they consider appropriate as soon as reasonably practicable after a copy of it is laid before the Parliament.

(7) In subsection (5)(a), "management Plan" means—
(a) where the manager is Crown Estate Scotland (Interim Management), a Plan prepared under article 19(1) of the Crown Estate Scotland (Interim Management) Order,
(b) otherwise, a Plan prepared under section 24(1).

23 Review of strategic Plan

(1) The Scottish Ministers must, not later than the end of each 5 year period, review the Plan prepared under section 22(1).

(2) Following such a review, the Scottish Ministers must either—
(a) revise the Plan, or
(b) lay a statement before the Scottish Parliament indicating that they consider that the Plan should not be revised.

(3) Section 22(2) to (6) applies to a revised Plan as it applies to the Plan prepared under subsection (1) of that section.

(4) In subsection (1), "5 year period" means—
(a) the period of 5 years beginning with the day on which the Plan prepared under section 22(1) is laid before the Parliament, and
(b) each subsequent period of 5 years beginning with the day on which—
(i) a copy of a revised Plan is laid before the Scottish Parliament, or (as the case may be)
(ii) a statement is so laid under subsection (2)(b).