Crown Estate Commissioners, Crown Estate Scotland (Interim Management) and Crown Estate Scotland

General

The Scottish Crown Estate Act 2019 was enacted on 15th January 2019. It gives permanent statutory status to Crown Estate Scotland (Interim Management) (CES(IM)), renaming them as Crown Estate Scotland (CES). It also sets out the rules and guidelines by which the range of land and property comprising the Scottish Crown Estate is managed.

Prior statutory changes, which took effect from 1st April 2017 as a result of the Crown Estate Transfer Scheme 2017, provided that the body entitled to manage the Scottish Crown Estate changed from Crown Estate Commissioners (CEC) to CES(IM).

The Scottish Crown Estate comprises the land and property assets owned by the Monarch in right of the Crown. This means although the Monarch remains the legal owner, the assets are not their private property. CES, and its predecessors, administer the assets on the Monarch's behalf.

The assets include:

37,000 hectares of rural land with agricultural tenancies, residential and commercial properties and forestry on four rural estates;

Rights to fish salmon in certain rivers and coastal areas;

Just under half the foreshore around Scotland including 5,800 moorings and some ports and harbours;

Leasing of virtually all seabed out to 12 nautical miles covering some 750 fish farming sites and agreements with cables & pipeline operators;

The rights to offshore renewable energy and gas and carbon dioxide storage out to 200 nautical miles;

Certain retail and office units in Edinburgh.

It should be noted that property which falls to the Crown as ultimus haeres is administered by The Queen's and Lord Treasurer's Remembrancer.

As a result of this Act, staff will start to see applications for registration or recording of deeds over the Scottish Crown Estate being granted by CES. Like CEC and CES(IM), it is a body corporate. Accordingly, the guidance on Subscription by Non-natural Persons on the page Authentication of Registrable Deeds should be followed.

All references in published guidance for staff that refers to CEC or CES(IM) should be understood as referring to CES.

Applications

Deeds relating to the Scottish Crown Estate granted prior to 1st April 2017 should be granted by CEC.

Deeds relating to the Scottish Crown Estate granted after 1st April 2017 and prior to 15th January 2019 should be granted by the CES(IM).

Deeds relating to the Scottish Crown Estate granted after 15th January 2019 should be granted by CES.

This applies to all applications, whether they relate to the Land Register, the Register of Sasines, or the Books of Council and Session.

If a member of staff receives, or is dealing with an application to register a deed relating to the Scottish Crown Estate, that was not granted as set out above, it should be referred to a senior adviser.