10.—(1) Administrative and departmental records belonging to any Minister of the Crown or government department are excepted property for the purposes of this Order.
(2) Subject to paragraphs (3) and (4), the Scottish Ministers shall have–
(a)the right of possession of; and
(b)a right to have access to, and to use and deal with,
any excepted property falling within paragraph (1) which was held or used, immediately before the coming into force of this Order, wholly or mainly for or in connection with the exercise of transferred functions.
(3) Paragraph (2)(a) is subject to the right of any Minister of the Crown to have access to, and to use and deal with, any administrative and departmental records which are held by Scottish Ministers by virtue of that paragraph.
(4) Paragraph (2)(b) is subject to section 92(3)(c) of the Act and the rights of any other person in connection with copyright in any work.