36 Crown Estate

Part 4 Other Legislative Competence

36  Crown Estate

(1)     In Part 5 of the Scotland Act 1998, before the heading “Miscellaneous” insert—

“The Crown Estate
90B The Crown Estate

(1)     The Treasury may make a scheme transferring on the transfer date all the existing Scottish functions of the Crown Estate Commissioners (“the Commissioners”) to the Scottish Ministers or a person nominated by the Scottish Ministers (“the transferee”).

(2)     The existing Scottish functions are the Commissioners' functions relating to the part of the Crown Estate that, immediately before the transfer date, consists of—

(a)     property, rights or interests in land in Scotland, excluding property, rights or interests mentioned in subsection (3), and

(b)     rights in relation to the Scottish zone.

(3)     Where immediately before the transfer date part of the Crown Estate consists of property, rights or interests held by a limited partnership registered under the Limited Partnerships Act 1907, subsection (2)(a) excludes—

(a)     the property, rights or interests, and

(b)     any property, rights or interests in, or in a member of, a partner in the limited partnership.

(4)     Functions relating to rights within subsection (2)(b) are to be treated for the purposes of this Act as exercisable in

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