Commentary on Sections Section 2 – Transfer of property, liabilities etc. to Scottish Ministers
8.Section 2 of the Act provides that all of FETA’s property including the bridge itself, the site office, plant and equipment will be transferred into ownership of the Scottish Government. FETA’s liabilities, including past service pension contributions, will also be transferred to the Scottish Government.
9.When FETA was established in 2002, it inherited the property and liabilities of its predecessor, the Forth Road Bridge Joint Board (the Joint Board). As an effect of that transfer, anything done by, on behalf of or in relation to the Joint Board was treated as having been done by, on behalf of or in relation to FETA and references to FETA were substituted in place of references to the Joint Board in contracts and other legal documents. Subsections (2) and (3) make similar provision to ensure that the Scottish Government inherit all of FETA’s property and liabilities. The effect of those subsections is extended by section 6(2)(a) so that any residual rights, property and liabilities of the Joint Board also transfer to the Scottish Government.