Part II
(2) Subordinate legislation may provide for the transfer to the Scottish Ministers of any liabilities to which a Minister of the Crown or government department is subject.
(3) Subordinate legislation under this section may only be made in connection with any transfer or sharing of functions of a Minister of the Crown by virtue of section 53, 63 or 89 or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this Act.
Property and liabilities of the Lord Advocate and the First Minister. 61.—(1) Property may be held by the Lord Advocate by that name.
(2) Property acquired by or transferred to the Lord Advocate shall belong to, and liabilities incurred by the Lord Advocate shall be liabilities of, the Lord Advocate for the time being.
(3) In relation to property to be acquired by or transferred to, or belonging to, the Lord Advocate or liabilities incurred by the Lord Advocate, references to the Lord Advocate—
- (a) in any title recorded in the Register of Sasines or registered in the Land Register of Scotland, or
- (b) in any other document,
shall be read in accordance with subsection (2).
(4) Any rights and liabilities acquired or incurred by the First Minister shall be rights or (as the case may be) liabilities of the First Minister for the time being.
Transfers to the Lord Advocate. 62.—(1) Subordinate legislation may provide—
- (a) for the transfer to the Lord Advocate of any property belonging to a Minister of the Crown or government department, or
- (b) for the Lord Advocate to have such rights or interests in relation to any property belonging to a Minister of the Crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).
(2) Subordinate legislation may provide for the transfer to the Lord Advocate of any liabilities to which a Minister of the Crown or government department is subject.
(3) Subordinate legislation under this section may only be made in connection with the Lord Advocate becoming a member of the Scottish Executive or having any retained functions or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this Act.
Transfer of additional functions
Power to transfer functions. 63.—(1) Her Majesty may by Order in Council provide for any functions, so far as they are exercisable by a Minister of the Crown in or as regards Scotland, to be exercisable—
- (a) by the Scottish Ministers instead of by the Minister of the Crown,
- (b) by the Scottish Ministers concurrently with the Minister of the Crown, or
