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Local Government (Scotland) Act 1947

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277Power to re-borrow.

(1)A local authority may without the consent of any Minister borrow for the purpose of replacing money previously borrowed by the authority which is intended to be repaid forthwith:

Provided that a local authority shall not have power to borrow under this section—

(a)for the purpose of making any payment to a sinking fund or for paying any instalment or making any annual payment which has or may become due in respect of borrowed money; or

(b)for the purpose of replacing "any money previously borrowed which has been repaid—

(i)by instalments or annual payments; or

(ii)by means of a sinking fund; or

(iii)out of money derived from the sale of land; or

(iv)out of any capital money properly applicable to the purpose of repayment other than money borrowed for that purpose.

(2)Any money borrowed under this section shall for the purposes of repayment be deemed to form part of the original loan and shall be repaid within that portion of the fixed period which remains unexpired, and the provisions which are for the time being applicable to the original loan shall apply to the money borrowed under this section:

Provided that the Minister concerned may, upon application made to him by the local authority for that purpose, extend the period for repayment of the money borrowed under this section so as to expire on such date as he thinks fit, not being later than the expiration of the maximum period which might have been permitted for the repayment of the original loan.

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