The Crown Estate Transfer Scheme 2017

Interpretation

2.  In this Scheme—

“the 1998 Act” means the Scotland Act 1998;

“designated liabilities” means the liabilities specified in Schedule 2;

“designated rights” means the rights specified in Schedule 2;

“exclusive economic zone” has the same meaning as in section 41(3) of the Marine and Coastal Access Act 2009(1) but does not include any part of the Scottish zone;

“foreshore” means the land owned by Her Majesty which lies between the mean high water and mean low water but does not include any part of Scotland;

“manager”, in relation to a Scottish asset, means—

(a)

the transferee, or

(b)

where another person exercises functions relating to the asset which were previously exercised by the transferee, that person;

“relevant matters” means—

(a)

in relation to any period before the transfer date(2), the existing Scottish functions,

(b)

in relation to any period on or after the transfer date, the manager’s functions relating to the Scottish assets,

(c)

the Scottish assets, and

(d)

the designated rights and designated liabilities;

“Scottish assets” means any property, rights and interests to which section 90B(5) of the 1998 Act applies;

“Scottish coastal waters” means those parts of Scotland which are internal waters or are in the territorial sea of the United Kingdom;

“Scottish foreshore” means that land in Scotland owned by Her Majesty which lies between the high and low water marks of ordinary spring tides; and

“transferee” means Crown Estate Scotland (Interim Management)(3) (to whom the existing Scottish functions are transferred by paragraph 3 of this Scheme).

(1)

2009 c.23.

(2)

In this Scheme references to “the transfer date” are references to the date on which the Scheme is to have effect; see section 90B(20) of the 1998 Act. That date is specified by paragraph 3 as the day on which the Scheme comes into force.

(3)

Crown Estate Scotland (Interim Management) (in Gaelic, Oighreachd a’ Chrùin Alba (Stiùireadh Eadar-amail)) was established by the Crown Estate Scotland (Interim Management) Order 2017 (S.S.I. 2017/36) and has been nominated by the Scottish Ministers under section 90B(1) of the 1998 Act as the transferee for the purposes of this Scheme.