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On 24 January 2025, we wrote:
Dear Crown Estate Scotland,
We made the following request to the Crown Estate, but they referred us to you. Our request is:
When and by what legislation did the Crown Estate acquire the seabed around Shetland?
Yours faithfully,
The Sovereign Nation of Shetland
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They replied on 23 January 2025:
Good Morning
Thank you for your email. Your request does not currently meet the requirements to be processed as a freedom of information request.
Please include your full name in the main text of the request. You can find more information on how to make a request here:
[1]How do I ask for information? | Scottish Information Commissioner
Kind regards
Freedom of Information Team
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We replied on 24 January 2025:
We gave the information on our website
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They replied on 28 January 2025:
Dear Requestor
On behalf of Crown Estate Scotland, I am acknowledging receipt of your email received on the 23 January 2025 and confirm that we will treat this as a request for information under the Freedom of Information (Scotland) Act 2002. Your new request has been given a reference number of FOI 368.
Kind Regards
Freedom of Information Team
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We replied on 28 January 2025:
Dear Freedom of Information,
Thank you for your response. We note that you refer to this as a "new request". As we pointed out in our reply, your response makes no difference to the timescale of the original request. As far as we are aware, there is no "new request". We hope you are clear on this.
Yours sincerely,
The Sovereign Nation of Shetland
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On 20 February 2025, they wrote:
Response:
The ownership of Scotland's seabed, and much of its foreshore, are ancient possessions of the
Crown. There is a legal presumption that an area of seabed or foreshore is owned by the Crown,
unless there is evidence that it has been acquired by someone else. (Emphasis added).
Ownership of Scotland's territorial seabed around Shetland, which is the area of seabed from
high watermark out to 12 nautical miles, is currently vested in the Crown. The rights from 12
nautical miles out to 200 nautical miles (known as the Exclusive Economic Zone) are
also vested in the Crown.
The Continental Shelf Act 1964 extended The Crown Estate's ownership of the seabed up to 12
nautical miles from the UK's coast. Scotland Act 2016 created the provision for the Crown
Estate's assets in Scotland to be transferred to Crown Estate Scotland.
Crown Estate Scotland is a public corporation that manages assets in Scotland - including
virtually all seabed of coastal waters, and certain other seabed rights- on behalf of the
Crown and for the benefit of the Scottish people. Together these assets form the Scottish
Crown Estate ('the Estate').
Ownership of the Estate lies with the Monarch in right of the Crown and management
responsibility currently sits with Crown Estate Scotland. The Crown Estate Scotland (Interim
Management) Order 2017 and The Scottish Crown Estate
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On 27 February 2025, we wrote:
Thank you for your response dated 20 February 2025.
We note that you state "There is a legal presumption that an area of seabed or foreshore is owned by the Crown, unless there is evidence that it has been acquired by someone else."
A legal presumption will be overturned by contrary evidence.
You will of course be aware that udal landowners in Shetland have allodial ownership of their foreshore.
Section 1 of the Continental Shelf Act 1964 states:
"Exploration and exploitation of continental shelf.
(1) Any rights exercisable by the United Kingdom outside territorial waters with respect to the sea bed and subsoil and their natural resources, except so far as they are exercisable in relation to coal, are hereby vested in Her Majesty."
Do you have information on legislation defining "Any rights exercisable by the United Kingdom" before the Continental Shelf Act 1964?
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On 4 March 2025 Crown Estates Scotland wrote:
Dear Requestor
Crown Estate Scotland does not hold information about legislation defining "Any rights exercisable by the United Kingdom" before the Continental Shelf Act 1964. As such a not held notice is attached.
As per the introduction set out in the Continental Shelf Act 1964, it is "an act to make provision as to the exploration and exploitation of the continental shelf; to enable effect to be given to certain provisions of the Convention on the High Seas done in Geneva on 29th April 1958; and for matters connected with those purposes". This was a United Nations Convention.
Under FOI(S)A public authorities are required to provide access to recorded information but do not offer interpretations of legislation or legal advice. This means that while we can provide copies of or links to relevant laws or official guidance documents, we are unable to explain how the law applies to specific situations or offer opinions on its meaning.
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The request is closed because Crown Estate (Scotland) does not hold the information.
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