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Publication - Consultation Responses

Crown Estate - consultation on proposals for establishing the interim body to manage the Crown Estate assets in Scotland post-devolution - summary report on the responses to the consultation

Published: 24 Oct 2016
Part of:
Marine and fisheries
ISBN:
9781786525598

Summary report on the responses to the Crown Estate consultation on proposals for establishing an interim body.

12 page PDF

157.6kB

12 page PDF

157.6kB

Contents
Crown Estate - consultation on proposals for establishing the interim body to manage the Crown Estate assets in Scotland post-devolution - summary report on the responses to the consultation
7. Other comments

12 page PDF

157.6kB

7. Other comments

  • Specific commitment to retain and grow Coastal Communities Fund:

RESPONSE 22: Scottish Ministers have committed to continuing the Coastal Communities Fund in 2017/18.

  • Interim body to be located in Inverness/hold its meetings in the Highlands and Islands:

RESPONSE 23: The existing manager has a lease agreement for offices in Edinburgh and this will transfer to the new body. A consultation is planned on the long-term framework for management of the assets.

  • Interim body could be included by Ministerial direction as a Schedule 2 and Schedule 3 provided for by the Community Empowerment Act. Suggest interim body involved in second round of Community Empowerment legislation. Suggestion to enable a community participation body to make a request to the interim body under section 22 to permit the body to participate in an outcome improvement process; and enable a community transfer body to make an asset transfer request to the interim body under section 79 in relation to land owned by the interim body, or leased by the interim body.

RESPONSE 24: There are powers under the Community Empowerment (Scotland) Act 2015 for Scottish Ministers to designate bodies as public service authorities or as relevant authorities but the interim body is in a different position to an owner of land because only management functions and revenues will transfer. Further consideration will be given to these issues as part of the land reform agenda and the long-term management of the Crown Estate in Scotland. In the meantime, we expect that requests for transfer of assets from community bodies or similar will continue to be considered in line with the interim body's duties and wider strategy. After devolution, under interim arrangements, decisions are up to the interim body.

  • The timetable for a Scottish Bill:

RESPONSE 25: We intend to consult on the long-term arrangements later this year and this will provide further information on the overall timescales subject to the Westminster process for completing the transfer.

  • Clarification on cross-subsidisation:

RESPONSE 26: The interim arrangements will be governed by the Crown Estate Act 1961 as amended by the Scotland Act. The assets will be managed as a single entity during the interim period and the duty to maintain the estate may require expenditure on an asset in excess of the revenue received for the asset. Further consideration will be given to whether this will be required under the long term framework.


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