Scottish Crown Estate Act 2019

Last updated
Scottish Crown Estate Act 2019
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An Act of the Scottish Parliament to rename Crown Estate Scotland (Interim Management); to make provision about the management of the Scottish Crown Estate; and for connected purposes.
Dates
Royal assent 15 January 2019
Status: Current legislation

The Scottish Crown Estate Act 2019 is an Act of the Scottish Parliament regarding Crown Estate Scotland.

Contents

Passing through Parliament

The Bill was introduced on 24 January 2018, passed stage 1 on 19 June, stage 2 on 18 September and stage 3 on 21 November and passed by a vote of 119 to 0. [1]

After being passed by the Scottish Parliament, the bill received Royal Assent on 15 January 2019. This Act of the Scottish Parliament renamed Crown Estate Scotland, making provisions for the management of the estate. [2]

Provisions

The responsible body of the estate is Crown Estate Scotland as determined by the Act. [3]

The passing of the Act in 2019 includes options for two other routes for the management of the crown estate assets including transfer or delegation. [4]

The Act states who can manage Crown Estate assets and their responsibilities including for planning, reporting and accounting. The Act also states how management may be devolved within Scotland. [1]

Related Research Articles

<span class="mw-page-title-main">Parliament of the United Kingdom</span> Legislative body in the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign (King-in-Parliament), the House of Lords, and the House of Commons. In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is de facto vested in the House of Commons.

<span class="mw-page-title-main">Bill of Rights 1689</span> English civil rights legislation

The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and clarified who would be next to inherit the Crown. It remains a crucial statute in English constitutional law.

<span class="mw-page-title-main">Royal assent</span> Formal approval of a proposed law in monarchies

Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.

<span class="mw-page-title-main">Scottish Government</span> Devolved government of Scotland

The Scottish Government is the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution. It has the responsibility for the economy of Scotland, the educational system in Scotland, health care, justice, Scots law, rural affairs, housing, environment, equal opportunities, the transportation network and tax, amongst others.

The Crown Estate is a collection of lands and holdings in the United Kingdom belonging to the British monarch as a corporation sole, making it "the sovereign's public estate", which is neither government property nor part of the monarch's private estate. The Crown Estate in England, Wales, and Northern Ireland is managed by the Crown Estate Commissioners. In Scotland, the Crown Estate is managed by Crown Estate Scotland, since the Scottish estate was devolved in 2017.

<span class="mw-page-title-main">Succession to the British throne</span> Law governing who can become British monarch

Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.

<span class="mw-page-title-main">Registers of Scotland</span>

Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland. By ex officio, the Keeper of the Registers of Scotland is also the Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the Records of Scotland.

<span class="mw-page-title-main">Land reform in Scotland</span> Ongoing political and legal process in Scotland

Land reform in Scotland is the ongoing process by which the ownership of land, its distribution and the law which governs it is modified, reformed and modernised by property and regulatory law.

<span class="mw-page-title-main">Ministry of Justice (United Kingdom)</span> Ministerial department of the UK Government

The Ministry of Justice (MoJ) is a ministerial department of His Majesty's Government, headed by the Secretary of State for Justice and Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and to uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system, prisons, and probation in England and Wales, with some additional UK-wide responsibilities, e.g., the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law, and information rights law across the UK.

In the UK and certain other Commonwealth countries, King's Consent is a parliamentary convention under which Crown consent is sought whenever a proposed parliamentary bill will affect the Crown's own prerogatives or interests. Prince's Consent is a similar doctrine, under which consent of the Prince of Wales must be obtained for matters relating to the Duchy of Cornwall. King's or Prince's Consent must be obtained early in the legislative process, generally before parliament may debate or vote on a bill. In modern times, following the tenets of constitutional monarchy, consent is granted or withheld as advised by government.

<span class="mw-page-title-main">Scottish devolution</span> Since 1707 Acts of Union to present day

Devolution is the process in which the central British parliament grants administrative powers to the devolved Scottish Parliament. Prior to the advent of devolution, some had argued for a Scottish Parliament within the United Kingdom – while others have since advocated for complete independence. The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and, although a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted and this was not achieved. A second referendum opportunity in 1997, this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to the Scotland Act 1998 being passed and the Scottish Parliament being established in 1999.

<span class="mw-page-title-main">Local and personal acts of Parliament (United Kingdom)</span> United Kingdom legislation

Local and personal acts are laws in the United Kingdom which apply to a particular individual or group of individuals, or corporate entity. This contrasts with a public general Act of Parliament (statute) which applies to the nation-state. Acts of Parliament can afford relief from another law; grant a unique benefit or, grant powers not available under the general law; or, relieve someone from legal responsibility for some allegedly wrongful act.

<span class="mw-page-title-main">Finances of the British royal family</span> UK monarchys income and spending

The finances of the British royal family come from a number of sources. The British government supports the monarch and some of his family financially by means of the Sovereign Grant, which is intended to meet the costs of the sovereign's official expenditures. This includes the costs of the upkeep of the various royal residences, staffing, travel and state visits, public engagements, and official entertainment. Other sources of income include revenues from the Duchies of Lancaster and Cornwall, income from assets of other trusts, income from private investments, and a parliamentary annuity.

<span class="mw-page-title-main">Scotland Act 2016</span> United Kingdom legislation

The Scotland Act 2016 is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smith Commission, which was established on 19 September 2014 in the wake of the Scottish independence referendum.

<span class="mw-page-title-main">Act of the Scottish Parliament</span> Acts passed by the devolved Scottish Parliament

An act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.

<span class="mw-page-title-main">European Union (Withdrawal) Act 2018</span> United Kingdom legislation

The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.

<span class="mw-page-title-main">European Union (Notification of Withdrawal) Act 2017</span> United Kingdom legislation

The European Union Act 2017 was an Act of the Parliament of the United Kingdom to empower the Prime Minister to give to the Council of the European Union the formal notice – required by Article 50 of the Treaty on European Union – for starting negotiations for the United Kingdom's withdrawal from the European Union. It was passed following the result of the 2016 United Kingdom European Union membership referendum held on 23 June in which 51.9% of voters voted to leave the European Union.

<span class="mw-page-title-main">Community Empowerment (Scotland) Act 2015</span> United Kingdom legislation

The Community Empowerment (Scotland) Act 2015 is an Act of the Scottish Parliament. The act is notable for expanding the Community Right to Buy established by the Land Reform (Scotland) Act 2003 to include urban communities and for introducing new powers for Scottish Ministers to compel owners of abandoned or neglected to land to interested community bodies.

Crown Estate Scotland is the self-financing public corporation of the Scottish Government responsible for the management of land and property in Scotland owned by the monarch 'in right of the Crown'. It was separated from the Crown Estate of the United Kingdom under the Scotland Act 2016. It is responsible for a range of rural, coastal, urban and marine assets across Scotland. The monarch remains the legal owner of these assets, but they do not form the private property of the monarch, and cannot be sold by the monarch. The primary purpose of Crown Estate Scotland is to invest in property, natural resources, and places to create lasting value for the people of Scotland. Surplus revenue does not belong to the monarch, but is paid to the Scottish Consolidated Fund which in turn helps finance the Scottish Government.

<span class="mw-page-title-main">Welsh devolution</span> Transfer of legislative power to Welsh authorities from UK government

Welsh devolution is the transfer of legislative power for self-governance to Wales by the Government of the United Kingdom.

References

  1. 1 2 "Scottish Crown Estate Bill". www.parliament.scot. Retrieved 2024-01-22.
  2. "Scottish Crown Estate Act 2019". www.legislation.gov.uk.
  3. Gretton, George; Steven, Andrew (2021-08-16). Property, Trusts and Succession. Bloomsbury Publishing. p. 256. ISBN   978-1-5265-1876-7.
  4. "Transfer and delegation". www.crownestatescotland.com.