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The Edinburgh College of Art (Transfer) (Scotland) Order 2011

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Rights of pre-emption of the Council

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6.—(1) This article applies in the event that the transferee determines that the property specified in schedule 1, or any part of that property, is not to be retained by it for the purposes of the reconstituted College.

(2) To the extent that the property, or the part of the property, is owned by the transferee, the transferee must offer to sell the same to the Council.

(3) To the extent that the property, or the part of the property, is property of which the transferee is lessee, the transferee must offer to assign its interest as lessee of the property, or the part of the property, to the Council.

(4) If the Council wishes to accept an offer made by the transferee in accordance with either paragraph (2) or paragraph (3) it must inform the transferee in writing within three months of the offer, failing which the Council shall be deemed to have decided not to exercise the right conferred on it by paragraph (5).

(5) If the Council confirms in accordance with paragraph (4) that it wishes to accept an offer made by the transferee in accordance with paragraph (2) or paragraph (3) the transferee must either sell the property specified in the offer to the Council or assign its interest as lessee of the property specified in the offer to the Council, in each case on terms—

(a)agreed between them, which failing;

(b)fixed by the Chief Valuer Scotland, which failing;

(c)fixed by a valuer appointed on the application of either party by the Scottish Ministers.

(6) In the event that the transferee fails to comply with this article any conveyance or other deed granted by it by which its interest in the property, or any part of the property, is disponed or otherwise alienated shall in the option of the Council be of no effect.

(7) Nothing in this article prejudices any claim competent to a purchaser, lessee or assignee against the transferee.

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