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Judiciary and Courts (Scotland) Act 2008

Transfer of property and liabilities

172.Paragraph 20 enables the Scottish Ministers to transfer the property held or used by them for or in connection with the purposes of the Scottish courts or the judiciary of those courts and any property used for the purposes listed in section 62(1) (administrative support for other persons) to the new SCS. It also enables the Scottish Ministers to transfer the corresponding liabilities to the new SCS. In terms of section 70 such an order would be made by negative resolution procedure. Subparagraphs (3) to (12) make supplementary provision for such an order (and are similar to the provision made in section 116 of the Scotland Act 1998). Subparagraph (3) provides that the order may provide for the creation of rights or interests, etc and provide for the property etc. to be determined (rather than specified in the legislation itself). Subparagraph (4) ensures that the order overrides "any provision (of whatever nature)" that may otherwise prevent, penalise or restrict the transfer. Subparagraphs (5) to (10) and (12) make further provision to ensure that rights of pre-emption, etc. do not operate as a result of the transfer; that compensation may be payable to any person who may be prevented from exercising such a right and for the determination of any disputes. Subparagraph (10) extends the scope of subparagraphs (4) to (9) to cover the creation of rights or interests, or the doing of anything else, in relation to property. Subparagraph (11) makes provision for a certificate issued by the Scottish Ministers to be conclusive evidence of a transfer.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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