Article 5 Transfer of other rights and interests and liabilities

(1)

This article applies to–

(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)

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 property and excepted liabilities) so far as those rights and interests or liabilities relate to any rights or interests transferred by article 2(2) or to any non-Ministerial functions.

(4)

In the case of any rights, interests or liabilities to which this article applies which relate to other functions as well as transferred functions or non-Ministerial functions, the Secretary of State may determine to what extent those rights, interests or liabilities transfer to the Scottish Ministers.