Article 6 Property with mixed use

(1)

This article applies where–

(a)

any property consisting of land or corporeal moveable property is used by more than one government department and is used for other functions as well as transferred functions or non-ministerial functions; and

(b)

the use of that property by those departments is regulated by a written agreement between or amongst them (referred to in this article as “a multiple use agreement”).

(2)

Where such property is used mainly for or in connection with the exercise of a transferred function or non-ministerial functions, then the transfer of any right or interest in that property to the Scottish Ministers by article 2 of this Order shall have effect subject to the rights under a multiple use agreement relating to that property of any government department using the property for or in connection with other functions.

(3)

Where such property is not used mainly for or in connection with the exercise of a transferred function or non-ministerial functions, then the rights and liabilities under any multiple use agreement relating to that property of any government department using the property for or in connection with the exercise of such functions shall transfer to and vest in the Scottish Ministers.