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Scotland Act 1998
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- 1998 c. 46
- Part II
- Property and liabilities
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Changes and effects
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- Act modified by S.I. 2012/700 art. 3(1)
- Act words substituted by 2012 c. 11 s. 12(2)(a)
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
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- Pt. 4A Ch. 3 inserted by 2012 c. 11 s. 28
- Pt. 4A Ch. 4 inserted by 2012 c. 11 s. 30(1)
- s. 12A inserted by 2012 c. 11 s. 1(9)
- s. 67A inserted by 2012 c. 11 s. 32(10)
- s. 90A and cross-heading inserted by 2012 c. 11 s. 16
- Sch. 1 para. 12 rule 1(2) omitted by 2012 c. 11 Sch. 1 para. 10(3)
- Sch. 1 para. 12 rule 2(8) words omitted by 2012 c. 11 Sch. 1 para. 6(3)
- Sch. 1 para. 12 rule 1(1) words substituted by 2012 c. 11 Sch. 1 para. 10(2)
Property and liabilitiesE+W+S+N.I.
59 Property and liabilities of the Scottish Ministers.E+W+S+N.I.
(1)Property may be held by the Scottish Ministers by that name.
(2)Property acquired by or transferred to the Scottish Ministers shall belong to, and liabilities incurred by the Scottish Ministers shall be liabilities of, the Scottish Ministers for the time being.
(3)In relation to property to be acquired by or transferred to, or belonging to, the Scottish Ministers or liabilities incurred by the Scottish Ministers, references to the Scottish Ministers—
(a)in any title recorded in the Register of Sasines or registered in the Land Register of Scotland, or
(b)in any other document,
shall be read in accordance with subsection (2).
(4)A document shall be validly executed by the Scottish Ministers if it is executed by any member of the Scottish Executive.
60 Transfers to the Scottish Ministers.E+W+S+N.I.
(1)Subordinate legislation may provide—
(a)for the transfer to the Scottish Ministers of any property belonging to a Minister of the Crown or government department, or
(b)for the Scottish Ministers to have such rights or interests in relation to any property belonging to a Minister of the Crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).
(2)Subordinate legislation may provide for the transfer to the Scottish Ministers of any liabilities to which a Minister of the Crown or government department is subject.
(3)Subordinate legislation under this section may only be made in connection with any transfer or sharing of functions of a Minister of the Crown by virtue of section 53, 63 or 89 or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this Act.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
61 Property and liabilities of the Lord Advocate and the First Minister.E+W+S+N.I.
(1)Property may be held by the Lord Advocate by that name.
(2)Property acquired by or transferred to the Lord Advocate shall belong to, and liabilities incurred by the Lord Advocate shall be liabilities of, the Lord Advocate for the time being.
(3)In relation to property to be acquired by or transferred to, or belonging to, the Lord Advocate or liabilities incurred by the Lord Advocate, references to the Lord Advocate—
(a)in any title recorded in the Register of Sasines or registered in the Land Register of Scotland, or
(b)in any other document,
shall be read in accordance with subsection (2).
(4)Any rights and liabilities acquired or incurred by the First Minister shall be rights or (as the case may be) liabilities of the First Minister for the time being.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I2S. 61 wholly in force at 20.5.1999; s. 61 not in force at Royal Assent see. s. 130; s. 61(4) in force at 6.5.1999 by S.I. 1998/3178, art. 2(2), Sch. 3; s. 61(1)-(3) in force at 20.5.1999 by S.I. 1998/3178, art. 2(2), Sch. 4
62 Transfers to the Lord Advocate.E+W+S+N.I.
(1)Subordinate legislation may provide—
(a)for the transfer to the Lord Advocate of any property belonging to a Minister of the Crown or government department, or
(b)for the Lord Advocate to have such rights or interests in relation to any property belonging to a Minister of the Crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).
(2)Subordinate legislation may provide for the transfer to the Lord Advocate of any liabilities to which a Minister of the Crown or government department is subject.
(3)Subordinate legislation under this section may only be made in connection with the Lord Advocate becoming a member of the Scottish Executive or having any retained functions or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this Act.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
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