Report Summary
Issued 13 January 2025, this FOI response advises that information on the Crown's sovereignty in Scotland is not held by the Scottish Police Authority. Advice is provided that the Shetland Islands are considered a part of Scotland in terms of the responsibilities discharged by the Authority.
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Request
"We are having difficulty finding proof that Shetland is part of Scotland.
According to The Laws of Scotland, Stair Memorial Encyclopaedia, Vol.18(42), "The Crown's sovereignty over Scotland and its dominium eminens, its ultimate tenurial superiority, are the same thing, are identical concepts”.
At Volume 18(47) it states that "The dominium eminens or ultimate superiority of the Crown is allodial, because not held of a higher lord, except of God".
We want to know:
1) Do you accept The Laws of Scotland, Stair Memorial Encyclopaedia as a binding authority in Scotland? and
2) Are we correct in thinking that the Crown's sovereignty in Scotland is the same as its allodial ownership?
3) Are we correct in thinking that, for the Crown to have sovereignty in Shetland, it must have allodial ownership of Shetland?
4) If we are correct at 2) and 3) above, do you have proof that the Crown holds the allodial title of Shetland?"
