Local Government (Scotland) Act 1947

General.

170 Special provisions as to land acquired for public recreation from heir of entail.

Where an heir of entail in possession of land sells or feus land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such sale or feu, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.

171 Provisions as to sale, and &c. of land to apply to land forming part of common good.

(1) The provisions of this Part of this Act with respect to the appropriation, letting, selling, feuing or ex-cambing of land belonging to a local authority and the application of capital moneys received in respect of land shall, notwithstanding any law or practice to the contrary, apply in the case of land forming part of the common good of a burgh with respect to which land no question arises as to the right of the town council to alienate.

For the purposes of this subsection the Minister concerned shall be the Secretary of State.

(2) A town council may, with consent of and subject to such conditions as may be imposed by the Secretary of State, sell or feu land forming part of the common good of the burgh where such land or the buildings thereon have at some time been used as a town hall or offices or buildings for the transaction of the business of the burgh and have ceased or are about to cease to be so used, notwithstanding any question as to the right of the council to alienate such land or buildings.

(3) Where the town council of a burgh desire to sell or feu land forming part of the common good (other than lands to which the preceding subsections of this section apply), they may, notwithstanding any question as to the right of the council to alienate the same, make application to the Court of Session or the sheriff to authorise them to sell or feu the land, and the Court or the sheriff, if they or he thinks fit to do so after such inquiry as is considered necessary, may, notwithstanding any law or practice to the contrary and subject to such conditions, if any, as they or he may impose, authorise the council to sell or feu the land and do otherwise in the petition as appears to be just, and the council shall be entitled to sell or feu the land in accordance with the authority so obtained.

(4) Conditions imposed by the Secretary of State under subsection (2) of this section or by the Court of Session or the sheriff under subsection (3) of this section may, if it is thought proper, require that the town council shall provide in substitution for the land proposed to be sold or feued other land belonging to or proposed to be purchased by the council, which land shall be used for the purpose for which the land proposed to be sold or feued was used.

172 Interpretation.

For the purposes of this Part of this Act the functions of a local authority shall be deemed to include the provision of accommodation for any committee or court or other body which the authority may be required Or are authorised to provide, notwithstanding that the committee, court or body may exercise functions not vested in the authority.

173 Savings.

Nothing in this Part of this Act—

(a) (except so far as relating to the compulsory purchase of land) shall affect the provisions of the Ancient Monuments Acts, 1913 and 1931, or empower a local authority to acquire or to dispose of whether by lease, sale, feu or excambion or to appropriate any ancient monument within the meaning of those Acts; or

(b) shall authorise the disposal of land by a local authority whether by lease, sale, feu or excambion in breach of any trust, undertaking or agreement binding on the authority; or

(c) shall affect any provisions relating to the acquisition by agreement, appropriation, letting or disposal of land, the erection of buildings or the execution of works by a local authority contained in any of the enactments set out in the Fourth Schedule to this Act or in any statutory order made thereunder, or the application of any capital money arising from such disposal, or, in so far as any of those enactments or orders contain provisions relating to the acquisition by agreement, appropriation, letting or disposal of land or the erection of buildings or the execution of works or the application of capital money arising from land, empower a local authority to effect any transaction or do anything which might be effected or done under those provisions otherwise than under those provisions and in accordance therewith; or

(d) shall authorise a local authority to acquire by agreement, or appropriate land or erect buildings on land or execute other works for the purpose of any function of the authority or to appropriate, let or dispose of land held for the purpose of any such function where any enactment or statutory order relating to the function (not being an enactment set out in the said Fourth Schedule) requires that a consent be obtained or some provision, limitation or condition be complied with in the case of such a transaction under that enactment or order except subject to such consent or subject to compliance with such provision, limitation or condition.