Abolition of Feudal Tenure documentation: FOI release

Information requested

Copies of all recorded information held by your organisation concerning the legal nature of ownership of land in Scotland following the coming into force of the Abolition of Feudal Tenure etc. (Scotland) Act 2000.

Without limiting the scope of this request, please provide:

1: Any legal advice, opinions, memoranda, briefing notes, policy papers, guidance documents, or correspondence concerning the legal nature of ownership of land in Scotland following abolition of feudal tenure.

2: Any recorded information held concerning allodial ownership of land in Scotland.

3: Any recorded information addressing whether ownership of land in Scotland following abolition of feudal tenure is:

• allodial;
• a continuation of former feudal ownership;
• a statutory form of ownership; or
• another recognised category of ownership.

4: Any recorded information concerning the ownership interests of the Crown in Scotland following abolition of feudal tenure.

5: Any recorded information identifying the legal basis upon which Crown ownership of land, seabed, foreshore, mineral rights, or other heritable property in Scotland is presently said to rest.

6: Any recorded information concerning the historical chain of title by which Crown ownership in Scotland is said to have been maintained, restored, transferred, or otherwise continued following:

• the Wars of the Three Kingdoms;
• the Commonwealth period;
• the Restoration;
• the Union of 1707; or
• subsequent constitutional changes.

7: Any guidance, policy documents, legal opinions, or briefing papers relied upon by your organisation when describing Crown ownership in Scotland.If no information is held falling within any part of this request, please confirm that no such information is held.

If any information is withheld, please specify:

• the exemption relied upon;
• the reasons for its application; and
• any public-interest considerations taken into account

Response

I enclose a copy of some of the information you requested.

Exemptions under sections 38(1)(a) & 38(1)(b) of FOISA (personal information) applies to a small amount of the information provided because it is personal data, such as names of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Some of the information you have requested is available from the Scottish Law Commission website (www.scotlawcom.gov.uk).

There are two publications which relate to feudal tenure:

Discussion Paper 113: 2001 Discussion Paper on Law of the Foreshore and Seabed – https://www.scotlawcom.gov.uk/publications/discussion-paper-113-law-foreshore-and-seabed

Report 190: 2003 Report on Law of the Foreshore and Sea Bed – https://www.scotlawcom.gov.uk/publications/report-190-lawforeshore-and-seabed

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact us again and we will send you a paper copy.

An exemption also applies under section 36(1) of FOISA to some of the information you have requested because it is legal advice and disclosure would breach legal professional privilege.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested because it was routinely destroyed, in accordance with our standard records management practice, before the date of your request. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

However, you may wish to contact the below who may be able to help you.

National Records of Scotland is the national archive for Scotland and holds records from the early 12th century to the present day

National Records of Scotland
Information Governance Team
HM General Register House
2 Princes Street
Edinburgh
EH1 3YY

foi@nrscotland.gov.uk

https://www.nrscotland.gov.uk/records-and-archives/

The King's and Lord Treasurer's Remembrancer (KLTR) is the Crown’s representative in Scotland with authority to deal with property falling to the Crown by operation of law.

The King's and Lord Treasurer's Remembrancer (KLTR)
c/o Crown Office & Procurator Fiscal Service
25 Chambers Street
Edinburgh
EH1 1LA

General Enquiries: enquiries@kltr.gov.uk

Freedom of Information requests: kltrpolicy@kltr.gov.uk (use the subject heading ‘Freedom of Information’) https://www.kltr.gov.uk/

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600519724 - Information released - Documents

File type

PDF

File size

2.5 MB