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The Transfer of Property etc. (Scottish Court Service) Order 2010

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Land or corporeal moveable property with mixed use

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3.—(1) This article applies where—

(a)any property consisting of land or corporeal moveable property is, in addition to being used by the Scottish Ministers for the purposes referred to in paragraph 20(2)(a), used by the Scottish Ministers for other purposes or by any other person; and

(b)the use of that property is regulated by a written agreement.

(2) Where such property is used by the Scottish Ministers mainly for or in connection with the purposes referred to in paragraph 20(2)(a), then the transfer of any right or interest in that property to the Scottish Court Service by article 2 of this Order shall have effect subject to the rights of the Scottish Ministers for other purposes or the rights of any other person under any such written agreement.

(3) Where such property is not used mainly for or in connection with the purposes referred to in paragraph 20(2)(a), then the rights and liabilities under any such written agreement relating to the use of that property for those purposes shall transfer to and vest in the Scottish Court Service.

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