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Physical Training and Recreation Act 1937

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This is the original version (as it was originally enacted).

10Application to Scotland

(1)The provisions of this section shall have effect for the purpose of the application of this Act to Scotland.

(2)For any reference to the Board of Education there shall be substituted a reference to the Secretary of State; for any reference to the National Council for England and Wales there shall be substituted a reference to the National Council for Scotland; for any reference to the committee appointed for the purposes of this Act by the Prime Minister there shall be substituted a reference to the committee appointed by the Prime Minister for the purposes of this Act in Scotland; and for any reference to a local education authority for higher education there shall be substituted a reference to an education authority.

(3)In subsection (1) of section two of this Act, for the words "local committees " wherever they occur the words " regional committees " shall be substituted and any reference to a local committee shall be construed accordingly.

(4)" Local authority" means a town, county, or district council:

Provided that any reference in section three of this Act to a local authority shall include a reference to an education authority.

(5)Section four of this Act shall have effect as if in subsection (1) after the words " playing fields " the words " swimming baths or bathing places" were inserted, and as if for subsection (2) the following subsection were substituted :—

(2)Any premises provided by a local authority under the last foregoing subsection or any offices provided by a local authority for the transaction of their business may be used for the purposes of concerts or other entertainments which may be provided by the local authority or any other person, and any such premises or offices may be let by the authority for those purposes or for the purposes of meetings at such times and in such manner as will not interfere with the purposes for which the premises or offices are provided :

Provided that no concert or other entertainment provided by a local authority under this subsection shall include—

(a)the performance of a stage play; or

(b)any performance in the nature of a variety entertainment, or in which scenery, theatrical costumes, or scenic or theatrical accessories are used; or

(c)the showing of any cinematograph film (other than a film illustrative of questions relating to health or disease).

(6)For section five of this Act the following section shall be substituted:—

5A local authority may acquire land for the purpose of subsection (1) of section four of this Act and, if they are unable to do so by agreement on terms which are in their opinion reasonable, they may purchase the land by means of a compulsory purchase order made by them, and confirmed by the Department of Health for Scotland, and the following provisions of the Town and Country Planning (Scotland) Act, 1932, viz, :—Part III of the First Schedule (except paragraph 5), Part I of the Third Schedule (except paragraph 2 and sub-paragraph (iii) of paragraph 3), and paragraph 2 of Part II of the Third Schedule shall, subject to any necessary modifications, apply to a compulsory purchase order under this section.

(7)A local authority shall have power to borrow for any purpose of this Act to which capital is properly applicable, and the provisions of section twenty-three of the Local Government (Scotland) Act, 1929, shall apply to such power to borrow in the case of a district council as well as in the case of a county or town council. Any sums borrowed by a local authority in pursuance of this subsection shall be repaid within such period as the Secretary of State may fix.

(8)Any expense incurred by a county or town council under this Act shall be defrayed out of such rate payable by owners and occupiers in equal proportions as the council may determine.

(9)Expenditure incurred by a district council under this Act shall not be taken into account in any calculation as to the limit imposed on the district council rate by section twenty-six of the Local Government (Scotland) Act, 1929.

(10)For section six of this Act the following section shall be substituted :—

6Section three of the Education (Scotland) Act, 1908, as amended by any subsequent enactment, shall have effect as if in paragraph (9) the words ' or other facilities for social or physical ' training in the day or evening for persons ' resident in their area' were substituted for the words ' for children attending school or young persons attending continuation classes '.

(11)Section seven of this Act shall not apply.

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