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Appendix: Specific Exceptions to Scope

PROPERTY: APPENDIX SPECIFIC EXCEPTIONS TO SCOPE

Some flexibility in relation to the application of certain aspects of this guidance may be appropriate in order to avoid conflict with undertaking core business activities, separate applicable governance or legislation. These are as follows:

1. Where Scottish Enterprise and/or Highlands and Islands Enterprise undertake acquisitions or disposals in line with their economic activity objectives. Such activities do, however, remain governed by The Enterprise and New Towns (Scotland) Act 1990 and the appropriate Management Statement and Financial Memorandum documents.

2. Where Forestry Commission Scotland undertakes disposals or acquisitions in pursuance of its stated economic, environmental and social policies. Such activities remain governed by the Forestry Act 1967.

3. Where Scottish Fire and Rescue Service, Scottish Police Authority and/or Police Service of Scotland, which have a specific policy remit to forge links with other public service and community organisations, permit sharing of their premises. This is applicable where the property as a whole is not surplus to requirements and suitable for disposal, but there is capacity and an opportunity to share facilities in support of the policy objective. Such activities remain governed by the Police and Fire Reform (Scotland) Act 2012 and the appropriate Governance and Accountability Framework Documents.

4. Where Prestwick Airport undertakes disposals in line with its economic activity objectives. Such activity remains governed by the Management Statement and Financial Memorandum.

5. Where land and property is subject to Crofting legislation and following this Guidance would conflict with requirements as set out in Crofting Acts.

6. Where CES(IM) undertakes disposals or acquisition in pursuance of its overall aim, as set out in the Framework Document. Such activities do, however, remain governed by The Crown Estate Act 1961, The Crown Estate Transfer Scheme 2017, Memorandum of Understanding between the UK Government and The Scottish Government Following the Devolution of the Crown Estate and the appropriate Framework Document. At all times, CES(IM) is expected to follow principles of good estate management practice, including record keeping. This exemption specifically excludes properties held for operational purposes.