Explanatory note

This Order provides for the transfer of certain property and liabilities of Ministers of the Crown and government departments to the Lord Advocate in connection with his retained functions under sections 52(6)(a) of the Scotland Act 1998 (c. 46) and also in connection with the functions of procurators fiscal and procurators fiscal depute 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 is used wholly or mainly for or in connection with such functions.

Articles 3 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 the functions mentioned above.

Article 4 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.

Article 5 provides for certain exceptions from the transfer of property and liabilities by the Order.

Article 6 makes provision as to the determination of questions as to whether and to what extent any properties or 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 7 and 8 make consequential, transitional and saving provision.