Part II
Power to prevent or require action. 58.—(1) If the Secretary of State has reasonable grounds to believe that any action proposed to be taken by a member of the Scottish Executive would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken.
(2) If the Secretary of State has reasonable grounds to believe that any action capable of being taken by a member of the Scottish Executive is required for the purpose of giving effect to any such obligations, he may by order direct that the action shall be taken.
(3) In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Parliament.
(4) If any subordinate legislation made or which could be revoked by a member of the Scottish Executive contains provisions―
- (a) which the Secretary of State has reasonable grounds to believe to be incompatible with any international obligations or the interests of defence or national security, or
- (b) which make modifications of the law as it applies to reserved matters and which the Secretary of State has reasonable grounds to believe to have an adverse effect on the operation of the law as it applies to reserved matters,
the Secretary of State may by order revoke the legislation.
(5) An order under this section must state the reasons for making the order.
Property and liabilities
Property and liabilities of the Scottish Ministers. 59.—(1) Property may be held by the Scottish Ministers by that name.
(2) Property acquired by or transferred to the Scottish Ministers shall belong to, and liabilities incurred by the Scottish Ministers shall be liabilities of, the Scottish Ministers for the time being.
(3) In relation to property to be acquired by or transferred to, or belonging to, the Scottish Ministers or liabilities incurred by the Scottish Ministers, references to the Scottish Ministers—
- (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) A document shall be validly executed by the Scottish Ministers if it is executed by any member of the Scottish Executive.
Transfers to the Scottish Ministers. 60.—(1) Subordinate legislation may provide―
- (a) for the transfer to the Scottish Ministers of any property belonging to a Minister of the Crown or government department, or
- (b) for the Scottish Ministers 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).
