Scottish Crown Estate strategic management plan: Fairer Scotland Duty

Fairer Scotland Duty : Assessment Not Required Declaration : Scottish Crown Estate Strategic Management Plan

Policy title

Scottish Crown Estate Strategic Management Plan

Directorate: Division: team

Marine Scotland
Marine Planning and Policy (MPP)
Crown Estate Strategy Unit

Policy lead responsible for taking the decision

Nim Kumar

Rationale for decision

The Scottish Crown Estate (SCE) is a set of ancient rights, land and property which are owned by the Monarch.

The first Strategic Management Plan (the Plan) for the SCE is a high level document. It aims to guide, support and inform those who currently manage Scottish Crown Estate assets and future managers of the assets. The Plan was prepared in line with section 22 of the Scottish Crown Estate Act 2019 (the Act). The Plan sets out a vision and our objectives, priorities and polices for an integrated approach to managing the assets sustainably for the benefit of Scotland.

The Plan provides a frameworkto ensure that managers maintain and seek to enhance the capital value and revenue from the SCE assets in a way that supports sustainable development, and economic development, regeneration, social and environmental well-being across the estate. More widely, the Plan contributes to the successful delivery of a number of wider Scottish Government policies and delivery of the National Performance Framework (NPF).

The Plan's primary objective is to deliver revised management and reporting including sustainable and inclusive economic growth in the way in which the Estate is managed. The Plan's main purpose is to contribute to NPF outcomes and contribute to a range of policies. It is not designed to directly contribute towards specific action in making Scotland a fairer society in terms of concrete provisions to address socio-economic disadvantage - such as addressing low wealth, material or area deprivation, socio-economic background or poverty, or inequalities of outcome such as those in health or to advance quality of opportunity. The Plan includes objectives, priorities and policies furthering sustainable development, regeneration and social well-being which are designed to create appropriate opportunities to contribute in general terms to making Scotland a fairer society.

In fulfilling the Section 24 duty in the Act, all managers will have to take the Plan into account when preparing their own management plan (to cover a 3 year period). A manager will need to consider the implications of their management plans or any future wider policy decisions in relation to the Fairer Scotland Duty (FSD) in fulfilling their duty under the Act. There may be positive intentional or unintentional impacts on groups who are experiencing inequality created by the actions of a Scottish Crown Estate manager.

Annual Reports are also required to be submitted by a manager to Scottish Ministers. As part of that requirement, a manager can be expected to detail the impact that their plans are having on the value of the assets and how they seek to manage the asset in a sustainable manner. It is expected that this could include the impacts that the decisions and proposals within their plans have in addressing any socio-economic development in ensuring Scotland is a fairer society along with the wider impact assessments for children's rights, equality and island communities.

Post-consultation

Scottish Ministers ran a consultation from 30 August 2019 until 22 November 2019. A total of 34 responses were received. Overall, respondents agreed with our proposed vision, objectives, priorities and policies. Where a response was provided to the relevant consultation question about the Fairer Scotland Duty question, the majority agreed with our conclusion for the impact assessment.

The profile of respondents by category consisted of organisations from local authorities, enterprise or coastal management bodies, leisure/tourism and other organisations.

Conclusion

We have given due regard to whether a FSD assessment is required for the final Plan. Our conclusion is that the FSD assessment need not be carried out. The Plan for the SCE is a high level document that aims to guide, support and inform those who currently manage Scottish Crown Estate assets and future managers of the assets. The Plan does not contain specific provisions to address socio-economic disadvantage. Rather it provides a framework to create appropriate opportunities to contribute in general terms to making Scotland a fairer society. It remains our assessment that the FSD will be taken into consideration when processing any transfer or delegation requests that are made through the powers in the Scottish Crown Estate Act 2019. Any impacts on addressing and contributing to the fairer Scotland considerations will be captured in annual reporting.

Section 23 (1) of the Act requires that the Scottish Ministers must, not later than the end of each 5 year review period, review the Strategic Management Plan. This will include an assessment on whether another FSD impact assessment is required.

I confirm that the decision to not carry out a Fairer Scotland assessment has been authorised by:

Name and job title of Deputy Director (or equivalent)

Mike Palmer, Deputy Director
Marine Scotland: Marine Planning and Policy

Date authorisation

7 April 2020