{
  "url": "https://openlegislation.uk/transfer-of-property-etc-scottish-court-service-order-2010/note",
  "json_url": "https://openlegislation.uk/transfer-of-property-etc-scottish-court-service-order-2010/note.json",
  "legislation": "ssi/2010/40",
  "legislation_title": "The Transfer of Property etc. (Scottish Court Service) Order 2010",
  "legislation_url": "https://openlegislation.uk/transfer-of-property-etc-scottish-court-service-order-2010",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order provides for the transfer of certain property and liabilities of Scottish Ministers to the Scottish Court Service (“the SCS”) in connection with the establishment of the SCS as a body corporate with the function of providing administrative support for the Scottish courts and judiciary and for other persons by virtue of sections 60 to 62 of the Judiciary and Courts (Scotland) Act 2008 (“the 2008 Act”) and as part of the Scottish Administration, independent of Scottish Ministers, by virtue of the Judiciary and Courts (Scotland) Act 2008 (Consequential Provisions and Modifications) Order 2009 (S.I. 2009/2231).\nArticle 2(1) transfers to the SCS all rights and interests of Scottish Ministers in property which is held or used by them for or in connection with the purposes of the Scottish courts or the judiciary of those courts and for the purposes of providing administrative support for other persons as detailed in section 62(1) of the 2008 Act (“the SCS purposes”). Article 2(2) transfers the corresponding liabilities.\nArticle 3 makes provision in relation to rights to use land or corporeal moveable property with mixed use, i.e. where the property is used not only for the SCS purposes but for other purposes of the Scottish Ministers or of any other person.\nArticle 4 reserves the right of Scottish Ministers to access records transferred to the SCS.\nArticle 5 provides for the determination of questions as to whether and to what extent property and liabilities are transferred by this Order and of disputes concerning compensation which may be payable by virtue of paragraph 20(7) of schedule 3 to the 2008 Act as a result of transfers of property by this Order.\nArticles 6 and 7 make consequential, supplementary, transitional and saving provision.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2010/40/note",
    "retrieved_at": "2026-10-28T21:57:36.871478+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}