The Local Government in Scotland Act 2003 (Commencement No. 5 and Saving) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 20th April 2010 and 1st June 2010 as the days on which section 11 of the Local Government in Scotland Act 2003 (“the Act”) shall come into force, for the purpose first of conferring power to make regulations, then for all other purposes.

The effect of the coming into force of section 11 will be that local authorities will no longer require Scottish Ministers’ consent for disposals of land at less than the best consideration that can reasonably be obtained. In future, such disposals may take place in the circumstances set out in section 75(2A) of the Local Government (Scotland) Act 1973 or in accordance with regulations to be made under section 74 of that Act, as amended by section 11.

Article 4 of the Order preserves the current consent regime for all disposals in relation to which an application is made prior to 1st June 2010.

the Act received Royal Assent on 11th February 2003. Sections 42(1), 42(2), 50 and 62 came into force on Royal Assent.

The provisions of the Act remaining to be commenced after the making of this Order are sections 8(2)(c)(ii) and 9. Section 8(2)(a)(v) and (2)(d)(i) has been commenced for limited purposes only and remains to be commenced for all other purposes.