The Housing (Scotland) Act 2001 (Transfer of Scottish Homes Property and Liabilities) Order 2005

Citation and commencement

1.  This Order may be cited as the Housing (Scotland) Act 2001 (Transfer of Scottish Homes Property and Liabilities) Order 2005 and shall come into force on 1st October 2005.

Interpretation

2.  In this Order–

“the 1988 Act” means the Housing (Scotland) Act 1988(1); and

“Scottish Homes” means the body corporate established by section 1 of the 1988 Act(2).

Transfer of property and liabilities

3.  All rights and interests of Scottish Homes in, and all liabilities of Scottish Homes in relation to, any of the property and liabilities to which Scottish Homes is entitled or subject and in particular in relation to–

(a) any property and interests in relation to a loan or security by an individual who was formerly a secure tenant, created in consequence of the exercise of a function conferred on Scottish Homes under section 1(3)(b) of the 1988 Act(3); and

(b) the Minutes of Agreement specified in the Schedule to this Order,

are hereby transferred to and vested in the Scottish Ministers.

Consequential and supplementary provision

4.—(1) Nothing in this Order shall have the effect of completing the title of the Scottish Ministers to any other right or interest transferred by this Order, title to which requires to be completed by registration.

(2) Any property, in respect of which but for this Order–

(a) delivery or possession; or

(b) intimation of its assignation,

would be required in order to complete title to it, shall transfer to and vest in the Scottish Ministers by virtue of this Order as if at the date on which the transfer of the property by this Order takes effect the Scottish Ministers had taken delivery or possession of the property or, as the case may be, had made intimation of its assignation to them.

Transitional provision and savings

5.  Without prejudice to article 3 above–

(a) the transfer by this Order of any property, right, interest or liability of Scottish Homes shall not affect the validity of anything done (or having effect as if done) by or in relation to Scottish Homes before the date on which the transfer takes effect;

(b) anything (including legal proceedings) which, at the time when the transfer takes effect, is in the process of being done by or in relation to Scottish Homes may, so far as it relates to any property, right, interest or liability transferred by this Order, be continued by or in relation to the Scottish Ministers; and

(c) anything done (or having effect as if done) by or in relation to Scottish Homes in connection with any property, right, interest or liability transferred to the Scottish Ministers by this Order shall, if in force at the time when the transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

8th September 2005