UK Statutory Instrument
2017
United Kingdom
Crown Estate Transfer Scheme 2017 (Scotland devolution)
At a glance
Enforced by
What's here
19 compliance obligations, 1 practical guide
Who this Act binds
Plus 19 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesWhat this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
In considering whether a pension scheme meets the requirements of...
Other duties (1) — Crown / regulator
- Government Actuary’s Department must compare pre- and post-transfer pension rights Crown / Minister / Government department
Annual report
Other duties (1) — Crown / regulator
- Secretary of State must publish annual report on exercised powers Crown / Minister / Government department
Consideration payable to the manager in connection with an agreement
Other duties (1) — Crown / regulator
- Crown Estate Scotland must not overcharge for Scottish assets Crown / Minister / Government department
Notification of objection to payment
Other duties (1) — Crown / regulator
- Crown Estate Scotland must provide payment calculations and suspend disputed payments Crown / Minister / Government department
As soon as reasonably practicable after making the determination under...
Other duties (1) — Crown / regulator
- Appropriate person must notify manager, pipeline operator and Treasury of determination Crown / Minister / Government department
The manager must— (a) ensure that the payment does not...
Other duties (1) — Crown / regulator
- Manager must ensure correct payment and refund overpayments to pipeline operators Crown / Minister / Government department
Notification of proposed payment
Other duties (1) — Crown / regulator
- Crown Estate Scotland must notify Treasury of proposed payments from relevant persons Crown / Minister / Government department
As soon as reasonably practicable after making the determination under...
Other duties (1) — Crown / regulator
- Notify manager, relevant person, Treasury and Ofgem of a determination Crown / Minister / Government department
The manager must ensure that the payment does not exceed...
Other duties (1) — Crown / regulator
- Crown Estate manager must not exceed payment cap Crown / Minister / Government department
Grant of new rights to the Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State may require Crown Estate Scotland to grant rights for defence/national security Crown / Minister / Government department
Acquisition of third party rights by the Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State can compel sale of rights for national security Crown / Minister / Government department
Grant of new rights to third parties
Other duties (1) — Crown / regulator
- Manager must notify Secretary of State if a third‑party right request could affect defence Crown / Minister / Government department
Use of Scottish assets by the manager
Other duties (1) — Crown / regulator
- Notify Secretary of State before certain asset decisions that may affect defence Crown / Minister / Government department
Browse 213 other Schedules — structural / supplementary
The Scottish assets
Protection of Employment
Consequential Amendments
Interpretation
The lock-up garage at 3 and 5 West Thistle Street...
The land at Rhu Marina.
Seabed etc.
The rights in the Scottish zone— (a) of unloading gas...
The right in the Scottish zone of exploiting the seabed...
The land which lies between the high and low water...
Rockall.
Other property, rights and interests
Any other property, rights and interests— (a) which are held...
In this Schedule, with the exception of paragraph 18, any...
Rural estate
The Glenlivet estate.
The Applegirth estate.
The Fochabers estate.
1 and 2 Kings Park Cottages, Stirling.
10 the Homesteads, Stirling.
Commercial estate
Interpretation
In this Schedule, a reference to a right or a...
Designated rights
Any rights of the Commissioners in relation to moveable property—...
Any rights in intellectual property which have—
Any rights of the Commissioners in connection with historic Scottish...
Designated liabilities
Any liabilities of the Commissioners in connection with historic Scottish...
Interpretation
Paragraph 9 does not affect any rule of law as...
Protection against dismissal
Paragraph 11 does not apply— (a) if the sole or...
Pensions
For the purposes of paragraph 13, any provisions of an...
An employee is not entitled to bring a claim against...
In relation to each employee whose contract is transferred under...
In paragraph 16, “appropriate pension scheme” means a scheme which,...
Dis-application of the Transfer of Undertakings (Protection of Employment) Regulations 2006
Transfer of employment rights and liabilities
On and after the transfer date, a contract mentioned in...
Any act or omission before the transfer date, of or...
Objections to transfer
Where an employee so objects, the employee’s contract terminates on...
Where the transfer involves or would involve a substantial change...
Variation of contract
Paragraph 8 does not prevent a variation of a contract...
Interpretation: general
Interpretation
Modifications of the electronic communications code
Failure to agree consideration: tidal waters
Interpretation
No notice of objection to payment
Determination of market value
Where the Treasury have given notice in accordance with paragraph...
Interpretation: meaning of market value
(1) In making the determination under paragraph 19, the appropriate...
If the manager fails to comply with paragraph 22(b), the...
Fees of the appropriate person
Interpretation
No notice of objection to proposed payment
Determination of market value
Where the Treasury have given notice in accordance with paragraph...
Renewal of existing rights of the Secretary of State
Before making the determination under paragraph 29 the appropriate person...
(1) In making the determination under paragraph 29, the appropriate...
Fees of the appropriate person
Disapplication of paragraph 26
This paragraph applies where the manager— (a) has agreed a...
(1) This paragraph applies where— (a) an appropriate person has...
Requirement for a valid payment
Procedure
Disagreement
Harbours, Docks, and Piers Clauses Act 1847
Harbours Act 1964
Loch Crinan Scallops Several Fishery Order 2005
Highland Council (Raasay) Harbour Revision Order 2006
Housing Benefit Regulations 2006
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007
Lerwick Harbour Revision Order 2007
Port of Cairnryan Harbour Empowerment Order 2007
Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007
Caledonian Maritime Assets Limited (Largs) Harbour Revision Order 2008
Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008
Gas Act 1965
Dumfries and Galloway Council (Isle of Whithorn) Harbour Empowerment Order 2008
Dumfries and Galloway Council (Port William) Harbour Empowerment Order 2008
Peterhead Port Authority Harbour Revision Order 2008
Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Loch Ryan Port (Harbour Empowerment) Order 2009
Offshore Gas Storage and Unloading (Licensing) Regulations 2009
Port Babcock Rosyth Harbour Empowerment Order 2009
Renewables Obligation (Scotland) Order 2009
Infrastructure Planning (Compulsory Acquisition) Regulations 2010
Lerwick Harbour Revision Order 2010
Forestry Act 1967
Caledonian Maritime Assets (Kennacraig) Harbour Revision Order 2011
Caledonian Maritime Assets (Port Ellen) Harbour Revision Order 2011
Campbeltown Harbour Revision Order 2011
Fraserburgh Harbour Revision Order 2011
Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
Scrabster (Deep Inner Berth) Harbour Revision Order 2011
Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011
Shetland Islands Regulated Fishery (Scotland) Order 2012
Caledonian Maritime Assets (Lochaline Ferry Services Slipway) Harbour Empowerment Order 2013
Loch Sligachan, Isle of Skye, Scallops Several Fishery Order 2013
Sea Fisheries (Shellfish) Act 1967
Rosyth International Container Terminal (Harbour Revision) Order 2013
Contracts for Difference (Allocation) Regulations 2014
Port of Ardersier Harbour Revision Order 2014
Renewables Obligation Closure Order 2014
Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015
Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
Lerwick Harbour Revision Order 2015
Little Loch Broom Scallops Several Fishery Order 2015
Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 2015
Peterhead Port Authority Harbour Revision Order 2015
Sewerage (Scotland) Act 1968
Lochboisdale and Gasay Port (Harbour Empowerment) Order 2016
Ancient Monuments and Archaeological Areas Act 1979
Wildlife and Countryside Act 1981
Civic Government (Scotland) Act 1982
Rent (Scotland) Act 1984
Road Traffic Regulation Act 1984
Universities (Scotland) Act 1889
Telecommunications Act 1984
Housing (Scotland) Act 1988
Electricity Act 1989
Enterprise and New Towns (Scotland) Act 1990
Agricultural Holdings (Scotland) Act 1991
Transport and Works Act 1992
Deer (Scotland) Act 1996
Planning (Hazardous Substances) (Scotland) Act 1997
Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
Town and Country Planning (Scotland) Act 1997
Military Lands Act 1892
Data Protection Act 1998
Water Industry (Scotland) Act 2002
Building (Scotland) Act 2003
Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Act 2003
Nature Conservation (Scotland) Act 2004
Edinburgh Tram (Line One) Act 2006
Housing (Scotland) Act 2006
Glasgow Airport Rail Link Act 2007
Transport and Works (Scotland) Act 2007
Energy Act 2008
Light Railways Act 1896
Planning Act 2008
Flood Risk Management (Scotland) Act 2009
Marine (Scotland) Act 2010
Forth Crossing Act 2011
Reservoirs (Scotland) Act 2011
High Hedges (Scotland) Act 2013
Water Resources (Scotland) Act 2013
Historic Environment Scotland Act 2014
Revenue Scotland and Tax Powers Act 2014
Zetland County Council Act 1974
Railway Fires Act 1905
Highland Regional Council (Harbours) Order Confirmation Act 1991
Tay Road Bridge Order Confirmation Act 1991
British Railways Act 1992
British Railways (No. 2) Act 1992
Pittenweem Harbour Order Confirmation Act 1992
British Railways Act 1993
Highland Regional Council (Wester Bridge) Order Confirmation Act 1993
British Railways Act 1994
British Railways Order Confirmation Act 1994
British Railways (No. 2) Order Confirmation Act 1994
Small Landholders (Scotland) Act 1911
British Railways (No. 3) Order Confirmation Act 1994
Lerwick Harbour Act 1994
Bell’s Bridge Order Confirmation Act 1995
British Waterways Act 1995
Western Isles Council (Berneray Causeway) Order Confirmation Act 1996
The Comhairle Nan Eilean Siar (Eriskay Causeway) Order Confirmation Act 2000
Family Credit (General) Regulations 1987
Income Support (General) Regulations 1987
Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988
Caledonian MacBrayne Limited (Gott Bay Pier) Harbour Revision Order 1990
Land Drainage (Scotland) Act 1958
Disability Working Allowance (General) Regulations 1991
Town and Country Planning (General Permitted Development) (Scotland) Order 1992
Lerwick Harbour Revision Order 1993
Montrose Harbour Revision Order 1993
Jobseeker’s Allowance Regulations 1996
Peterhead Harbours Revision Order 1996
Inverness Harbour Revision Order 1997
Lerwick Harbour Revision Order 1997
Western Isles Council (Brevig) Harbour Revision Order 1997
Peterhead Harbours Revision Order 1998
Opencast Coal Act 1958
Scrabster (Forward Supply Base) Harbour Revision Order 1998
Fraserburgh Harbour Revision Order 1999
Highland Council (Eigg) Harbour Empowerment Order 1999
Highland Council (Muck) Harbour Empowerment Order 1999
Macduff Harbour Revision Order 1999
National Trust for Scotland (Canna) Harbour Revision Order 1999
Scottish Natural Heritage (Rum) Harbour Empowerment Order 1999
Associated British Ports (Troon) Harbour Revision Order 2000
Scrabster (Inner Harbour Development) Harbour Revision Order 2000
Comhairle nan Eilean Siar (Aird Mhor, Barra) Harbour Empowerment Order 2001
Caravan Sites and Control of Development Act 1960
Lerwick Harbour Revision Order 2001
Comhairle nan Eilean Siar (Various Harbours) Harbour Revision Order 2002
Little Loch Broom Scallops Several Fishery Order 2002
Loch Caolisport Scallops Several Fishery (Scotland) Order 2002
State Pension Credit Regulations 2002
Highland Council (Inverie) Harbour Empowerment Order 2004
Mallaig Harbour Revision Order 2004
Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005
Caledonian MacBrayne (Oban Quay) Harbour Revision Order 2005
Inverness Harbour Revision (Works) Order 2005
Statements of account and audit
Other duties (1) — Crown / regulator
- Crown Estate Commissioners must prepare and audit accounts for transfer Crown / Minister / Government department
Treatment of certain receipts: receipts relating to the relevant matters only
Other duties (1) — Crown / regulator
- Crown Estate Scotland and Commissioners must correctly transfer state receipts Statutory regulator
Treatment of certain receipts: receipts relating to the relevant matters and the Crown Estate
Other duties (1) — Crown / regulator
- Crown Estate Scotland must split and allocate mixed receipts Statutory regulator
Requirement to take reasonable steps to secure the payment of certain sums
Other duties (1) — Crown / regulator
- Crown Estate managers must ensure owed funds are collected Statutory regulator
Sums paid in error to the manager
Other duties (1) — Crown / regulator
- Crown Estate Scotland must return sums paid to it in error Statutory regulator
Publicity
Other duties (1) — Crown / regulator
- Crown Estate Scotland must publish notice of the transfer Statutory regulator
Browse 9 other sections — procedural / definitional / commencement
Citation, commencement and extent
Interpretation
Transfer date and transferee
Scottish assets
Designated rights and designated liabilities
Protection of employment
Protection of UK-wide interests
Consequential amendments
Supplementary
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Offshore renewable energy: decommissioning guidance for Scottish waters (opens in a new tab) Publication
- Offshore electricity generating stations: applying for consent (opens in a new tab) from DESNZ Detailed Guidance
- Offshore Wind Leasing Round 5 (opens in a new tab) Other
- Leasing - Crown Estate Scotland (opens in a new tab) Other
- Governance - The Crown Estate (opens in a new tab) Other
- Scotland Act 2016: industrial injuries benefits and severe disablement allowance (opens in a new tab) Other
- Devolution settlement: Scotland (opens in a new tab) Detailed Guidance
- Scottish Government offshore wind guidance (opens in a new tab) Detailed Guidance
- Apply for a Development Consent Order (opens in a new tab) Detailed Guidance
- Scottish income tax rates (gov.scot) (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Manages Crown land and seabed in Scottish waters. Grants leases for offshore wind farms under ScotWind and INTOG leasing rounds. Separate from …
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