Self-Governing Schools etc. (Scotland) Act 1989

37 Disposal of land by board of management

(1) This section applies where a board of management seek the consent of the Secretary of State to the disposal of land which was—

(a) transferred to the board under section 36 of this Act; or

(b) acquired by the board, wholly or partly, with the proceeds of the sale of land which was transferred as mentioned in paragraph (a) above; or

(c) acquired by the board, wholly or partly, with the proceeds of the sale of land which was acquired, wholly or partly—

(i) as mentioned in paragraph (b) above; or

(ii) with the proceeds of any subsequent sale of any such land.

(2) Where the consent of the Secretary of State is sought as mentioned in subsection (1) above, he may—

(a) require the board of management to transfer the land, or any part of it, to the education authority upon payment by the authority to the board of such consideration, if any, as he considers appropriate; or

(b) except in a case where the land is being transferred to the education authority, require the board of management to pay to the authority all, or any part of, the consideration which they receive in respect of the disposal of the land.

(3) Where any land such as is mentioned in subsection (1) above is compulsorily acquired from a board of management, they shall—

(a) not require to seek the consent of the Secretary of State to such disposal; but

(b) inform him that the land is being compulsorily acquired from them; and

(c) pay to the education authority the whole or such part of the compensation which they receive in respect of the compulsory acquisition as the Secretary of State may direct.