SCHEDULE 2Chargeable consideration
17Arrangements involving public or educational bodies
1
This paragraph applies in any case where arrangements are entered into under which—
a
there is a transfer of the ownership, or the grant or assignation of a lease, of land by a qualifying body (A) to a non-qualifying body (B) (“the main transfer”),
b
in consideration (whether in whole or in part) of the main transfer there is a grant by B to A of a lease or sub-lease of the whole, or substantially the whole, of that land (“the leaseback”),
c
B undertakes to carry out works or provide services to A, and
d
some or all of the consideration given by A to B for the carrying out of those works or the provision of those services is consideration in money,
whether or not there is also a transfer of the ownership, or the grant or assignation of a lease, of any land by A to B (a “transfer of surplus land”).
2
The following are qualifying bodies—
a
public bodies within paragraph 4 of schedule 16,
b
grant-aided schools within the meaning of section 135(1) of the Education (Scotland) Act 1980 (c.44), and
c
any body listed in schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6).
3
The Scottish Ministers may, by order, modify sub-paragraph (2) so as to—
a
add a person or body to the list of qualifying bodies,
b
remove a person or body from that list,
c
vary the description of any qualifying body.
4
The following do not count as chargeable consideration for the main transfer or any transfer of surplus land—
a
the leaseback,
b
the carrying out of building works by B for A, or
c
the provision of services by B to A.
5
The chargeable consideration for the leaseback does not include—
a
the main transfer,
b
any transfer of surplus land, or
c
the consideration in money paid by A to B for the building works or other services referred to in sub-paragraph (4).
6
Sub-paragraphs (4) and (5) are to be disregarded for the purposes of determining whether the land transaction in question is notifiable.