Education (Scotland) Act 1996

Property S

17 Transfer of property etc. to SQA. S

(1) On such date as the Secretary of State may, by order, prescribe (in this Part of this Act referred to as the “transfer date”) there shall be transferred to and vest in SQA all property, rights, liabilities and obligations mentioned in subsection (2) below.

(2) The property, rights, liabilities and obligations referred to in subsection (1) above are—

(a) all land or other property (including corporeal and incorporeal moveable property) which immediately before the transfer date was owned by either the Scottish Examination Board or the Scottish Vocational Education Council (in this Part of this Act referred to as the “existing bodies”); and

(b) all rights, liabilities and obligations which, immediately before the transfer date, subsisted in respect of either of the existing bodies.

(3) Any reference in this Part of this Act—

(a) to property of either of the existing bodies is a reference to such property whether situated in the United Kingdom or elsewhere;

(b) to rights, liabilities and obligations of either of the existing bodies is a reference to rights to which the body in question is entitled or as the case may be to liabilities or obligations to which the body is subject, whether under the law of the United Kingdom or of any part of the United Kingdom or under the law of any country or territory outwith the United Kingdom.

(4) The vesting of property, rights, liabilities and obligations under this section shall have effect notwithstanding—

(a) anything to the contrary in; or

(b) any condition relating to the transfer of such property, rights, liabilities and obligations contained in,

any enactment, rule of law or obligation.