Constitutional Law Citation, commencement and extent 1 1 This Order may be cited as the Crown Estate Scotland Order 2017 and comes into force on the day after the day on which it is made. 2 Article 21(2) to (7) extends to Scotland only. Interpretation 2 In this Order, “transfer scheme” means a scheme made under section 90B(1) of the Scotland Act 1998 . Crown Estate Scotland 3 1 Crown Estate Scotland (in Gaelic, Oighreachd a' Chrùin Alba ) is established. 2 Crown Estate Scotland is a body corporate. Governance and accountability 4 Crown Estate Scotland must, so far as reasonably practicable, operate in a way which— a is transparent and accountable; and b is consistent with any other principle of good governance which appears to it to constitute best practice. Appointment of members 5 1 Crown Estate Scotland is to consist of— a a member appointed by the Scottish Ministers to chair it; and b up to 8 other members appointed by the Scottish Ministers. 2 A member is appointed for such period as the Scottish Ministers determine. 3 The Scottish Ministers may reappoint as a member of Crown Estate Scotland a person who is, or has been, a member. 4 The Scottish Ministers may determine other terms and conditions of membership, in relation to matters not covered by this Order. Persons who may be members 6 1 When appointing members of Crown Estate Scotland , the Scottish Ministers are to have regard to the desirability of ensuring that the membership as a whole has skills, expertise and experience relevant to its functions. 2 The Scottish Ministers may not appoint a person as a member of Crown Estate Scotland if the person is— a a member of the Scottish Parliament; b a member of the House of Commons; c a member of the House of Lords; d a member of the European Parliament. Members’ remuneration, allowances and pensions 7 1 Crown Estate Scotland must pay each member such remuneration and allowances (including expenses) as the Scottish Ministers may determine. 2 Crown Estate Scotland must pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of Crown Estate Scotland as the Scottish Ministers may determine. 3 Those arrangements may include— a making payments towards the provision of those pensions, allowances and gratuities; b providing and maintaining schemes for the payment of those pensions, allowances and gratuities. 4 The reference in paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office. Early termination of membership 8 1 A member of Crown Estate Scotland may resign by giving notice in writing to the Scottish Ministers. 2 The Scottish Ministers may, by giving notice to the member in writing, remove a member of Crown Estate Scotland if— a the member becomes insolvent; b the member has been absent, without the permission of Crown Estate Scotland , from meetings of Crown Estate Scotland for a period of longer than 3 consecutive months; c the Scottish Ministers consider that the member is— i unable to perform the functions of a member; or ii unsuitable to continue as a member. 3 For the purposes of paragraph (2)(a), a person becomes insolvent if— a the person’s estate is sequestrated; b the person grants a trust deed for creditors or makes a composition or arrangement with creditors; c the person is adjudged bankrupt; d a voluntary arrangement proposed by the person is approved; e the person’s application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 ; f the person is subject to any other kind of order or arrangement that is analogous to any of those described in sub-paragraphs (a) to (e) anywhere in the world. 4 A person’s membership of Crown Estate Scotland ends if the person becomes— a a member of the Scottish Parliament; b a member of the House of Commons; c a member of the House of Lords; d a member of the European Parliament. Chief executive and other staff 9 1 Crown Estate Scotland is to have, as a member of staff, a chief executive. 2 The Scottish Ministers are to appoint the first chief executive on such terms and conditions as they determine. 3 Crown Estate Scotland is to appoint each subsequent chief executive— a with the approval of the Scottish Ministers; b on such terms and conditions as it, with the approval of the Scottish Ministers, determines. 4 Crown Estate Scotland may appoint other staff. 5 Staff other than the chief executive are to be appointed on such terms and conditions as Crown Estate Scotland , with the approval of the Scottish Ministers, determines. 6 Members of the staff of Crown Estate Scotland are not in the employment of the civil service of the State (but are in Crown employment within the meaning of section 191(3) of the Employment Rights Act 1996 ). Pensions of chief executive and other staff 10 1 Crown Estate Scotland may, with the approval of the Scottish Ministers, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of its staff. 2 Those arrangements may include— a making payments towards the provision of those pensions, allowances and gratuities; b providing and maintaining schemes for the payment of those pensions, allowances and gratuities. 3 The references in this article to pensions, allowances and gratuities include pensions, allowances and gratuities by way of compensation for loss of office. 4 This article is subject to any provision in a transfer scheme about the payment of pensions, allowances or gratuities to, or in respect of, a person whose contract of employment is transferred to Crown Estate Scotland under the scheme. Committees 11 1 Crown Estate Scotland — a must establish an audit committee; b may establish other committees and sub-committees. 2 The membership of a committee or sub-committee may include (but may not consist entirely of) persons who are members of the staff of Crown Estate Scotland . 3 A committee may authorise a sub-committee to perform such of the committee’s functions (and to such extent) as the committee may determine. 4 The giving of authority under paragraph (3) to perform a function does not— a affect the committee’s responsibility for the performance of the function; or b prevent the committee from performing the function itself. Authority to perform functions 12 1 Crown Estate Scotland may authorise— a any of its members; b any committee or sub-committee established by it; c its chief executive; or d any other member of its staff, to perform such of its functions (and to such extent) as it may determine. 2 But Crown Estate Scotland may not authorise any other person to perform any of the following functions— a preparing a report under article 18(1)(a); b preparing statements of account under section 34(1)(b) of the Scottish Crown Estate Act 2019 . 3 The giving of authority under this article to perform a function does not— a affect Crown Estate Scotland's responsibility for the performance of the function; or b prevent it from performing the function itself. Regulation of procedure 13 Crown Estate Scotland may regulate its own procedure (including quorum) and that of any committee or sub-committee. Validity of things done 14 The validity of anything done by Crown Estate Scotland or any committee or sub-committee is not affected by— a a vacancy in membership; b a defect in the appointment of a member. Power of Ministerial direction 15 1 The Scottish Ministers may direct Crown Estate Scotland as to the performance of its functions. 2 A direction under paragraph (1)— a may be general or relate to a particular function or matter; b must— i be in writing; and ii be published (as soon as practicable after it is communicated to Crown Estate Scotland ). 3 The Scottish Ministers may revise or revoke a direction under paragraph (1). 4 Paragraph (2)(b) applies to the revision or revocation of a direction under paragraph (1) as it applies to such a direction. Ministerial guidance 16 1 Crown Estate Scotland must have regard to any written guidance given by the Scottish Ministers about the performance of its functions. 2 The Scottish Ministers must publish any such guidance (as soon as practicable after it is communicated to Crown Estate Scotland ). Grants and loans to Crown Estate Scotland 17 1 The Scottish Ministers may make grants and loans to Crown Estate Scotland .(1) 1A Crown Estate Scotland may not otherwise borrow money. 2 A grant or loan under paragraph (1) is subject to such conditions (including conditions as to repayment) as the Scottish Ministers may determine. 3 The Scottish Ministers may, from time to time after the grant or loan is made, vary the conditions on which it was made. Annual report 18 1 Crown Estate Scotland must, no later than 3 months after the end of each financial year— a prepare a report on its activities during that year; and b send a copy of the report to the Scottish Ministers. 1A The report must, in particular, include an assessment of how Crown Estate Scotland's activities during that year have contributed to the meeting of its objectives for that year. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Crown Estate Scotland must not publish the report until a copy of it has been laid before the Scottish Parliament under section 27(1) of the Scottish Crown Estate Act 2019 . 4 The report must include a list of any directions given to Crown Estate Scotland , or revised or revoked, during that year by— a the Scottish Ministers under article 15 or section 37(1) of the Scottish Crown Estate Act 2019 ; b the Secretary of State under a transfer scheme. 5 But a direction given, revised or revoked by the Secretary of State is not to be included in the list, or otherwise mentioned in the report, if the Secretary of State so notifies Crown Estate Scotland . 6 Otherwise, it is for Crown Estate Scotland to determine the form and content of the report. 7 In paragraph (1), “financial year” means— a the period beginning with the day on which this Order comes into force and ending on 31st March the following year; and b each subsequent period of a year ending on 31st March. 8 For the purposes of paragraph (1A), Crown Estate Scotland's objectives for a financial year are its objectives as set out in a plan prepared under article 19(1) for a period which includes all or part of that financial year. Corporate plan 19 1 Crown Estate Scotland must prepare a plan setting out— a the period to which the plan relates; b Crown Estate Scotland's objectives for that period; c the activities that Crown Estate Scotland proposes to undertake during that period in pursuit of the objectives; d any risks associated with those activities; and e outcomes against which the achievement of the objectives may be assessed. 2 Crown Estate Scotland must submit— a the first plan to the Scottish Ministers as soon as practicable after this Order comes into force, b a new plan to the Scottish Ministers no later than 3 months before the end of the period to which a plan relates. 3 The Scottish Ministers may— a approve a plan without modification; b approve a plan with modifications agreed with Crown Estate Scotland ; or c reject a plan. 4 If the Scottish Ministers reject a plan, Crown Estate Scotland must submit a revised plan to the Scottish Ministers within such period as the Scottish Ministers direct. 5 Where the Scottish Ministers approve a plan under paragraph (3)(a) or (b), Crown Estate Scotland must publish it as approved in such manner as it considers appropriate. 6 Crown Estate Scotland — a may revise a plan from time to time; b must submit any revised plan to the Scottish Ministers. 7 Paragraphs (3) to (5) apply to a revised plan submitted under paragraph (4) or (6)(b) as they apply to a plan submitted under paragraph (2). Application of the Crown Estate Act 1961 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of legislation relating to public bodies 21 1 In schedule 1 of the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House of Commons)— a in Part 2, after the entry relating to the Crown Estate Commissioners insert— Crown Estate Scotland (Interim Management). ; b in Part 3, after the entry relating to members of staff of the Commissioner for Older People in Wales insert— Member of the staff of Crown Estate Scotland (Interim Management). . 2 In the Ethical Standards in Public Life etc. (Scotland) Act 2000 , in schedule 3 (devolved public bodies), after the entry relating to the Crofting Commission insert— Crown Estate Scotland (Interim Management). . 3 In the Scottish Public Services Ombudsman Act 2002 , in Part 1 of schedule 2 (listed authorities), after paragraph 17A insert— Crown Estate 17B Crown Estate Scotland (Interim Management). . 4 In the Freedom of Information (Scotland) Act 2002 , in Part 7 of schedule 1 (Scottish public authorities), after paragraph 63 insert— 63A Crown Estate Scotland (Interim Management). . 5 In the Public Appointments and Public Bodies etc. (Scotland) Act 2003 , in schedule 2 (the specified authorities), under the heading “Other Public Bodies”, before the entry relating to the Parole Board for Scotland insert— Crown Estate Scotland (Interim Management). . 6 In the Public Services Reform (Scotland) Act 2010 , in schedule 8 (information on exercise of public functions: listed public bodies), after the entry relating to the Crofting Commission insert— Crown Estate Scotland (Interim Management). . 7 In the Public Records (Scotland) Act 2011 , in the schedule (authorities to which Part 1 applies), under the heading “Others”, after the entry relating to the Crofting Commission insert— Crown Estate Scotland (Interim Management) . 8 In the Scottish Parliament (Disqualification) Order 2015 , in Part 1 of the schedule (office-holders disqualified from being a member of the Scottish Parliament)— a after the entry relating to any member of the Crown Estate Commissioners insert— Any member of Crown Estate Scotland (Interim Management). ; b after the entry relating to a member of the staff of the Commissioner for Older People in Wales insert— Member of the staff of Crown Estate Scotland (Interim Management). . Modification of the Crown Suits (Scotland) Act 1857 22 1 Section 4 of the Crown Suits (Scotland) Act 1857 (meaning of “public department”) is amended as follows. 2 The existing text becomes subsection (1). 3 After that subsection insert— 2 But the expression “public department” does not include Crown Estate Scotland (Interim Management). . Richard Tilbrook Clerk of the Privy Council