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Sheriff Courts (Scotland) Act 1971

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24 Provision and maintenance of court houses by Secretary of State.S

(1)The Secretary of State may, with the approval of the Treasury, provide such court houses, offices, buildings and other accommodation as may be necessary or desirable for carrying on the business of the sheriff courts.

(2)The Secretary of State shall cause all court houses, offices, buildings and other accommodation used for the purpose of carrying on the business of the sheriff courts to be maintained in a proper state of repair and adequately furnished, equipped, cleaned, lighted and heated.

(3)It is hereby declared that the references to land necessary for the public service in—

(a)section 2 of the M1Commissioners of Works Act 1852 (acquisition by agreement of land necessary for the public service), and

(b)section 30(1) of the M2Town and Country Planning (Scotland) Act 1969 (compulsory acquisition of land necessary for the public service),

include references to any land which is required by the Secretary of State for the purpose of the discharge of his functions under this section.

(4)For the purpose of the acquisition by agreement of land required by the Secretary of State for the purpose of the discharge of his functions under this section, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement and the provisions relating to access to the special Act and except sections 120 to 125 of the M3Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the M4Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M5Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this Act, and in construing those Acts for the purposes of this Act, this Act shall be deemed to be the special Act and the Secretary of State shall be deemed to be the promoter of the undertaking.

(5)Subsections (1), (2) and (3) of section 35 of the M6Local Government (Scotland) Act 1966 (which, among other things, enable a local authority to enter into an agreement with the Secretary of State for the placing at his disposal, for the purposes of any function of his, of staff, etc., of the authority) shall apply also for the purpose of enabling Commissioners to enter into an agreement with the Secretary of State, being an agreement in relation to the discharge of his functions under this section of such a nature as is described in the said subsection (1); and for the purpose of such application the first and last references to a local authority in each of the said subsections (1) and (2) shall include a reference to Commissioners.

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