LegalizeThe Scottish Crown Estate Act 2019 (Commencement No. 2 and Saving Provisions) Regulations 2020
Made: 11th March 2020
Laid before the Scottish Parliament: 13th March 2020
Coming into force: 1st April 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 46(2) of the Scottish Crown Estate Act 2019[^f00001].
Citation, commencement and interpretation
1
- (1) These Regulations may be cited as the Scottish Crown Estate Act 2019 (Commencement No. 2 and Saving Provisions) Regulations 2020 and come into force on 1 April 2020.
- (2) In these Regulations, “the 2019 Act” means the Scottish Crown Estate Act 2019.
Appointed Days
2
- (1) The day appointed for the coming into force of the provisions of the 2019 Act specified in column 1 of the table in schedule 1 (the subject matter of which is described in column 2 of that table) is 1 April 2020.
- (2) The day appointed for the coming into force of the provisions of the 2019 Act specified in column 1 of the table in schedule 2 (the subject matter of which is described in column 2 of that table) is 1 October 2020.
Saving provisions – General
3
- (1) Where paragraph (2), (4), (6) or (8) applies, section 36(7) of the Scotland Act 2016[^f00002] continues to have effect in relation to the relevant asset on and after 1 April 2020 as it had effect immediately before that date.
- (2) This paragraph applies where a Scottish Crown Estate asset has been disposed of prior to 1April 2020.
- (3) For the purposes of paragraph (2), an asset is treated as having been disposed of at the point at which missives for the disposal of the asset were fully executed.
- (4) This paragraph applies where a servitude right has been granted in or over a Scottish Crown Estate asset prior to 1 April 2020.
- (5) For the purposes of paragraph (4), a servitude right is treated as having been granted in or over the asset at the point at which an agreement to grant the servitude right was fully executed.
- (6) This paragraph applies where a Scottish Crown Estate asset is subject to an options agreement concluded prior to 1 April 2020.
- (7) For the purposes of paragraph (6), an options agreement is treated as having been concluded at the point at which it was fully executed.
- (8) This paragraph applies where a Scottish Crown Estate asset is subject to an agreement for lease concluded prior to 1 April 2020.
- (9) For the purposes of paragraph (8), an asset is treated as being subject to a concluded agreement for lease at the point at which the agreement was fully executed.
- (10) Paragraph (4), (6) or (8), as the case may be, ceases to apply to a right or agreement if that right or agreement is extended or varied on or after 1 April 2020.
- (11) In this regulation “options agreement” means an agreement that either-
- (a) gives a party to it the option to purchase an asset at an agreed price within a stated period of time; or
- (b) gives a party to it the option to purchase an asset and contains a method for determining a price at a specified point in time.
Saving provisions – Right to remove wild kelp from the seabed
4
- (1) Section 15 of the 2019 Act does not apply to a right granted by Crown Estate Scotland prior to 1 October 2020 to remove wild kelp from the seabed.
- (2) For the purposes of paragraph (1), a right is treated as having been granted at the point at which the document conferring the right was fully executed.
- (3) Paragraph (1) ceases to apply to a right if that right is extended or varied on or after 1October 2020.
SCHEDULE 1 — PROVISIONS OF THE 2019 ACT COMING INTO FORCE ON 1 APRIL 2020
| Column 1 | Column 2 |
|---|---|
| Provisions of the 2019 Act | Subject matter |
| Section 1 | Crown Estate Scotland |
| Section 7 | Duty to maintain and enhance value |
| Section 8 | Power to act as owner |
| Section 9 | Transactions on behalf of Her Majesty |
| Section 10 | Disposals requiring Ministerial consent |
| Section 11 | Duty to obtain market value |
| Section 12 | Meaning of “market value” |
| Section 13 | Directions about rent and other charges |
| Section 14 | Maximum period of leases etc. |
| Section 16(1) and (4) | Rights and liabilities |
| Section 17 | Prohibition on securities |
| Section 18 | Investment of money |
| Section 19 | Charitable donation |
| Section 21 | Equalities |
| Section 27(1), (2), (3) and (5)(b) | Laying and publication of annual reports |
| Section 28 | Separation of income and capital |
| Section 29(1), (2), (3), (4) and (5) | Transfer of sums between income and capital accounts |
| Section 30(1), (2), (3) and (5) | Treatment of certain sums |
| Section 34(1), (3) and (4) | Requirement to keep accounts and records |
| Section 35(1)(a) and (2) | Audit |
| Section 44 | Consequential and minor modifications |
| Schedule 1 | Crown Estate Scotland: Modification of enactments |
| Schedule 2 | Consequential and minor modifications |
SCHEDULE 2 — PROVISIONS OF THE 2019 ACT COMING INTO FORCE ON 1 OCTOBER 2020
| Column 1 | Column 2 |
|---|---|
| Provisions of the 2019 Act | Subject matter |
| Section 15 | Restriction on removal of wild kelp from seabed |
Signed
ROSEANNA CUNNINGHAM — A member of the Scottish Government — 11th March 2020
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations make provision in relation to bringing into force particular provisions of the Scottish Crown Estate Act 2019 (“the 2019 Act”). The Bill for the 2019 Act received Royal Assent on 15 January 2019. Sections 42 (regulations), 43 (ancillary provision), 45 (interpretation), 46 (commencement) and 47 (short title) of the 2019 Act came into force the following day.
Regulation 2(1) appoints 1 April 2020 for the coming into force of the provisions specified in column 1 of the table in schedule 1.
Regulation 2(2) appoints 1 October 2020 for the coming into force of the provisions specified in column 1 of the table in schedule 2.
Regulation 3 makes provision saving in certain circumstances the effect of section 36(7) of the Scotland Act 2016 (“the 2016 Act”) which is repealed by schedule 2 of the 2019 Act (brought into force by these Regulations). That section contains provision relating to the management of property, rights and interests on behalf of the Crown. Regulation 3 continues the effect of section 36(7) of the 2016 Act where-
- a Scottish Crown Estate asset was disposed of prior to 1 April 2020,
- a servitude right was granted in or over a Scottish Crown Estate asset prior to 1 April 2020,
- an options agreement was concluded in respect of a Scottish Crown Estate asset prior to 1April 2020,
- an agreement for lease was concluded in respect of a Scottish Crown Estate asset prior to 1 April 2020.
Regulation 3 includes provision regarding the point at which any of those circumstances is deemed to have occurred and also for circumstances in which the saving ceases to apply.
Regulation 4 provides that section 15 of the 2019 Act, which contains provision relating to the restriction on removal of wild kelp from the seabed (and is brought into force on 1 October 2020 by these Regulations), does not apply to a right of removal granted prior to 1 October 2020. It also makes provision for circumstances in which that saving ceases to apply.
Footnotes
[^f00001]: 2019 asp 1.
[^f00002]: 2016 c.11.
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