Scottish Crown Estate Act Commencement Project: Islands Communities Impact Assessment

1. Stage 1 – Planning

What is the main aim of your policy/strategy?

The purpose of the strategy is to commence the new powers and duties for a manager of a Scottish Crown Estate (SCE) asset that are contained in the Scottish Crown Estate Act 2019, and introduce the new legal name for the current manager - Crown Estate Scotland. The effect will be to introduce a new legal framework for management of Scottish Crown Estate assets, replacing the Crown Estate Act 1961 with more relevant, appropriate and flexible provisions to capitalise on the benefits of the assets while promoting inclusiveness and high levels of accountability and transparency with the opportunity for local control of the management of SCE assets.

In order to bring the sections in the Act into effect Scottish Ministers are required to commence the Act. The policy behind the project is to commence the sections in the Act in an approach which best ensures a smooth commencement for Crown Estate Scotland (Interim Management) and their tenants. Scottish Ministers are therefore commencing the Act in a phased approach through the following instruments:

Commencement No. One - Brought into force on the 1 June 2019 the sections relating to the Strategic Management Plan and other Scottish Ministers' powers and duties.

Commencement No. Two – Will include the sections of the Act which rename Crown Estate Scotland (Interim Management) as Crown Estate Scotland, bring in the new powers and duties under which Crown Estate Scotland will operate, including financial matters/reporting arrangements for Crown Estate Scotland, grants and the schedules of the Act. This commencement will have the effect of replacing the Crown Estate Act 1961 provisions for the management of the Scottish Crown Estate assets with the new requirements under the Act. This order will also commence section 15 relating to restrictions on the mechanical harvesting of kelp, which applies to assets managed as part of the SCE.

Commencement No. Three - Will include the sections of the Act which relate to the ability for there to be new managers of SCE assets through either a statutory transfer or delegation. It will also include the meaning of a community body and harbour authority for the purposes of the Act, new manager Management Plans, audit and end of management provisions.