The Transfer of Property etc. (Scottish Ministers) Order 1999

Explanatory Note

(This note does not form part of the Order)

This Order provides for the transfer of certain property and liabilities of Ministers of the Crown and government departments to the Scottish Ministers in connection with the transfer to them of functions (referred to as “transferred functions”) under sections 53 (general transfer of functions), 63 (power to transfer functions) and 89 (power to adapt etc. cross-border public authorities) of the Scotland Act 1998 (c. 46) and also in connection with the functions (referred to as “non-ministerial functions”) of certain other office-holders who will form part of the Scottish Administration.

Article 2 transfers to the Scottish Ministers all rights and interests of a Minister of the Crown or government department in any land and corporeal moveable property which–

(a) is used wholly or mainly for or in connection with transferred functions;

(b) is not used for or in connection with any function of a Minister of the Crown but which was acquired in the exercise of a transferred function or, when last used for any function of a Minister of the Crown, was so used wholly or mainly for or in connection with a transferred function; or

(c) is used wholly or mainly for or in connection with non-ministerial functions.

Articles 3 and 4 provide for the transfer of rights and interests in additional property and article 5 provides for the transfer of other rights and interests, and of liabilities, of Ministers of the Crown and government departments, so far as relating to rights and interests transferred by article 2 or so far as relating to transferred functions or non-ministerial functions.

Article 6 makes provision in relation to rights to use land and corporeal moveable property with mixed use i.e. which is used for other functions as well as transferred functions or non-ministerial functions.

Articles 7 to 11 provide for certain exceptions from the transfer of property and liabilities by the Order.

Article 12 makes provision as to the determination of questions as to whether and what extent properties and liabilities are transferred by the Order and of disputes concerning compensation which may be payable under section 116(7) of the 1998 Act by virtue of transfers of property under this Order.

Articles 13 and 14 make consequential, transitional and saving provision.