New Towns (Scotland) Act 1968

[F1 36D Transfer orders. S

(1) At any time after a winding up order has been made the Secretary of State may by order (a “transfer order”), made by statutory instrument and subject to annulment in pursuance of a resolution by either House of Parliament, provide for the transfer of any property, rights and liabilities of a development corporation to any person, including (without prejudice to this generality) Scottish Enterprise, . . . F2 F3 . . . a local authority or a statutory undertaker.

(2) A transfer order may‐

(a) transfer the property, rights and liabilities on such terms (which may include transfer either with or without consideration) as the Secretary of State may provide in the order,

(b) include provisions amending any enactment relating to Scottish Enterprise, . . . F2 F3 . . . a local authority or a statutory undertaker for the purpose, or in consequence, of any transfer made to any such body by virtue of subsection (1) above, and

(c) contain any such incidental, consequential, supplementary or ancillary provisions as the Secretary of State thinks necessary or expedient for the purposes of the order.

(3) Any property, right or liability transferred to any person by a transfer order shall vest in that person on such date as may be specified in the order.

(4) If a person to whom any land is transferred by a transfer order wishes to complete his title to the land by expeding a notarial instrument or notice of title or otherwise, the order shall be deemed to be and may be used as a general disposition or assignation of the land in his favour.]

Textual Amendments

F1 Ss. 36–36H substituted for sections 36 and 36A by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 33

F2 Words repealed by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

F3 Words in s. 36D(1)(2)(b) repealed (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 1(b); S.S.I. 2001/397, art. 2(2) (subject to transitional provisions in arts. 3-7)