Transfer of Property etc. (Scottish Ministers) Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1104 |
| Year | 1999 |
1999 No. 1104
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
The Transfer of Property etc. (Scottish Ministers) Order 1999
Made 10th April 1999
Laid before Parliament 13th April 1999
Coming into force in accordance with article 1
The Secretary of State, in exercise of the powers conferred on him by sections 60, 112(1), 113 and 116 of the Scotland Act 19981and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Transfer of Property etc. (Scottish Ministers) Order 1999 and shall come into force on the principal appointed day2.
(2) In this Order–
“the Act” means the Scotland Act 1998;
“transferred function” means any function of a Minister of the Crown which is transferred to the Scottish Ministers by virtue of section 53 (general transfer of functions), 63 (power to transfer functions) or 89 (power to adapt etc. cross-border public authorities) of the Act so as to be exercisable by the Scottish Ministers instead of by a Minister of the Crown; and
“non-ministerial functions” means the functions of the holders of offices in the Scottish Administration which are not ministerial offices.
(3) In this Order, any reference to excepted property or excepted liabilities shall be construed in accordance with articles 4(2) and 7 to 11 of this Order.
Transfer of land and corporeal moveable property
2.—(1) Whenever a function of a Minister of the Crown becomes a transferred function, there shall transfer to and vest in the Scottish Ministers all rights and interests belonging to a Minister of the Crown or government department in any land and corporeal moveable property (other than excepted property) which–
(a)
(a) is used wholly or mainly for or in connection with that transferred function; or
(b)
(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 that transferred function or, when last used for or in connection with any function of a Minister of the Crown, was so used wholly or mainly for or in connection with that transferred function.
(2) There are hereby transferred to and vested in the Scottish Ministers all rights and interests belonging to a Minister of the Crown or government department in any land and corporeal moveable property (other than excepted property) which is used, immediately before the principal appointed day, wholly or mainly for or in connection with functions which will on that day be non-ministerial functions.
(3) Paragraph (1) does not apply to any rights and interests of a Minister of the Crown or government department in any land or corporeal moveable property which–
(a)
(a) was acquired under section 39 of the Forestry Act 19673(power of Minister to acquire and dispose of land) or that section as extended by section 40 of that Act (compulsory purchase of land); or
(b)
(b) is used for or in connection with the exercise of the functions of the Forestry Commissioners4.
Bute House
3. There are hereby transferred to and vested in the Scottish Ministers–
(a) all rights and interests belonging to a Minister of the Crown in the premises known as Bute House, 6 Charlotte Square, and the contents of those premises; and
(b) any other rights and interests belonging to a Minister of the Crown, and any liabilities to which a Minister of the Crown is subject, so far as those rights or interests or liabilities relate to any rights and interests transferred by paragraph (a).
Forestry land etc.
4.—(1) There are hereby transferred to and vested in the Scottish Ministers–
(a)
(a) all rights and interests belonging to a Minister of the Crown in any land in Scotland (other than excepted property) which was acquired by a Minister of the Crown under section 39 of the Forestry Act 1967 or that section as extended by section 40 of that Act;
(b)
(b) all rights and interests belonging to a Minister of the Crown in any other land or corporeal moveable property (other than excepted property) which is used, immediately before the coming into force of this Order, wholly or mainly for or in connection with the exercise as regards Scotland of the functions of the Forestry Commissioners; and
(c)
(c) any other rights and interests belonging to a Minister of the Crown, and any liabilities to which a Minister of the Crown is subject, immediately before the coming into force of this Order, so far as those rights or interests or liabilities relate to any rights or interests transferred by paragraph (1)(a) or (b) or to the exercise as regards Scotland of the functions of the Forestry Commissioners.
(2) The following premises and their contents are excepted property for the purposes of this Order–
(a)
(a) Forestry Commission Head Office, 231 Corstorphine Road, Edinburgh;
(b)
(b) Forest Research Surveys Office, Perth Aerodrome, Scone, Perthshire;
(c)
(c) Forest Research Northern Research Station, Bush Estate, Roslin, Midlothian;
(d)
(d) Forest Research Office, Newton Nursery, Elgin, Morayshire;
(e)
(e) Forest Research Office, Mabie, Troqueer, Dumfries; and
(f)
(f) Forest Research Office, Ae Village, Dumfries.
Transfer of other rights and interests and liabilities
5.—(1) This article applies to–
(a)
(a) any rights and interests belonging to a Minister of the Crown or government department (other than a right or interest in land or corporeal moveable property); and
(b)
(b) any liability to which a Minister of the Crown or government department is subject.
(2) Whenever a function of a Minister of the Crown becomes a transferred function, there shall transfer to and vest in the Scottish Ministers all rights and interests and all liabilities to which this article applies (other than excepted property and excepted liabilities) so far as those rights or interests or liabilities relate to any rights or interests transferred by article 2(1) or to any transferred function.
(3) There are hereby transferred to and vested in the Scottish Ministers all rights and interests and all liabilities to which this article applies (other than excepted...
To continue reading
Request your trial