City of Edinburgh Council (Portobello Park) Act 2014

2014 asp 15

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th June 2014 and received Royal Assent on 1st August 2014

An Act of the Scottish Parliament to change the status of Portobello Park so as to permit the City of Edinburgh Council to appropriate it for the purposes of the Council’s functions as an education authority; and for connected purposes.

1Status of Portobello Park

(1)Subject to subsection (2), for the purposes of Part VI of the 1973 Act Portobello Park is deemed to be land forming part of the common good of the Council with respect to which land no question arises as to the right of the Council to alienate.

(2)For the purposes of subsection (1), no question shall arise as to the Council’s right to alienate Portobello Park only to the extent that the alienation in question consists of the appropriation of Portobello Park for the purposes of the Council’s functions as an education authority, including for the avoidance of doubt the Council’s powers under section 17 of the 1980 Act.

2Status of pre-existing conditions, powers and duties

(1)Any powers under Part VI of the 1973 Act that are exercisable by the Council in respect of Portobello Park as a result of section 1 are exercisable notwithstanding any term of the disposition that would otherwise prevent their use.

(2)Nothing in this Act shall prejudice the exercise of the Council’s powers, or existence of the Council’s duties, under sections 14 to 19 of the Local Government and Planning (Scotland) Act 1982 in respect of Portobello Park.

3Restoration of status

(1)If Portobello Park is appropriated for the educational purposes mentioned in section 1(2), but––

(a)it is not used for those purposes within the opportunity period, or

(b)having been used for those purposes, it ceases to be so used,

then subsection (2) applies.

(2)The previous legal and title restrictions apply.

(3)In this section––

(4)That time is immediately before––

(a)the expiry of the opportunity period or, as the case may be,

(b)the cessation of use.

(5)That assumption is that the appropriation never occurred.


(1)In this Act—

(2)The references to points in subsection (1) are references to Ordnance Survey National Grid Map reference points.


This Act comes into force on the day after Royal Assent.

6Short title

The short title of this Act is the City of Edinburgh Council (Portobello Park) Act 2014.