REF: 168 - Variations on the lease of Hunterston Coal Jetty
In the period since 6 September 20191.
1. Has anyone, including the tenants under the lease or their representatives, raised withCrown Estate Scotland the possibility of the terms of the lease being varied in writing topermit the current use?
2. If so, have the terms of the lease been so varied?
3. Have the terms of the lease been varied in any other respect or has the possibility ofsuch variation been raised by any party?
4. If any such variations mentioned above have been registered in any of the publicregisters (e.g the Register of Sasines, The Land Register or The Books of Council andSession) please let us know the registration dates. If not, what is the precise wording ofall such variations?
1. Yes, there have been two variations made to the terms of the lease. A Memorandum ofAgreement (MoA) has been in place since 16 June 2020, and a variation of the MoA effectivefrom 1 March 2021 which is in the process of being signed.
2. Enclosed are redacted copies of the MoA and the variation. The redactions in ‘red’ arepersonal data as defined in UK General Data Protection Regulations, and thereforedisclosure would contravene the first two principles; exception 11(2) under EIRs is applied.The redactions in ‘blue’ relate to commercially sensitive information and disclosing suchinformation would breach a bi-lateral agreement between Crown Estate Scotland andClydeport Operations Ltd; therefore exception 10(5)(e) under EIRs – confidentiality ofcommercial or industrial information is applied. It is in the public interest that negotiated terms, in particular financial sums and payments, remain confidential particularly when the agreement is so new. Such information in the public domain would undermine future negotiations and impact Crown Estate Scotland from getting best value for money.
3.Refer to the enclosed variations
4.Registration is a matter for Clydeport Operations Ltd; therefore, we have no information asto whether these variations have been registered or not (10(4)(a) under EIRs – noinformation).