# The Local Authorities (Property Transfer) (Scotland) Order 1995, Article 3: Transfer of local authority property


(1) Subject to article 11(3) below, on 1st April 1996 all relevant property vested immediately before that date in a disaggregating authority shall transfer to and vest in such one or more of its successor authorities as—
(a) may be agreed—
(i) subject to paragraph (ii) below, between those successor authorities which are authorities constituted under section 2 of the 1994 Act; and
(ii) in relation to any property which immediately before 1st April 1996 is used wholly or partly for the purposes of a function which on and after that date will be exercised by a joint board, between those successor authorities which are authorities constituted under section 2 of the 1994 Act and that joint board,
in each case on such terms and subject to such conditions (if any) as may be so agreed;
(b) in the absence of such agreement, may, on the application of one or more of the successor authorities, be determined by the property commission, on such terms and subject to such conditions (if any) as the commission may determine.
(2) Any relevant property of a disaggregating authority which does not, on 1st April 1996, transfer to and vest in a successor authority by virtue of paragraph (1) above shall, subject to paragraph (3) below, on that date transfer to and vest in the relevant successor authority.
(3) Where before 1st April 1996, the destination of any relevant property vested in a disaggregating authority has been referred to the property commission for determination, but such determination has not by that date been made, the property commission may—
(a) before that date make a direction as to the rights of use which a successor authority which is not the relevant successor authority is to have in that property in the event of that property vesting in the relevant successor authority by virtue of paragraph (2) above; and
(b) on and after 1st April 1996 and before 31st December 1997 make a direction that the authority to whom, by virtue of paragraph (2) above, that property was transferred shall transfer it to such other successor authority as may be specified, on such terms and subject to such conditions (if any) as may be so specified.
(4) In paragraphs (2) and (3) above, the “relevant successor authority” is—
(a) in respect of heritable property and corporeal moveable property situated, immediately before 1st April 1996, within the area of the particular disaggregating authority concerned, the successor authority constituted under section 2 of the 1994 Act in whose area that property is so situated or, where the property commission nominates another successor authority for that purpose, that authority;
(b) in respect of heritable property and corporeal moveable property situated, immediately before 1st April 1996, outwith the area of the particular disaggregating authority concerned, a successor authority nominated, whether in respect of such property generally or of specific property, for that purpose by the property commission; and
(c) in respect of incorporeal moveable property, a successor authority nominated, whether in respect of such property generally or of specific property, for that purpose by the property commission.

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Source: https://www.legislation.gov.uk/uksi/1995/2499/article/3 (the official version)
Page: https://openlegislation.uk/local-authorities-property-transfer-scotland-order-1995/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.