2010 No. 160
The Disposal of Land by Local Authorities (Scotland) Regulations 2010
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 74(2B), (2C) and (2D) of the Local Government (Scotland) Act 19731 and all other powers enabling them to do so.
In accordance with section 74(2H) of that Act, they have consulted with such associations of local authorities and such other persons as they have thought fit.
Citation and commencement1
These Regulations may be cited as the Disposal of Land by Local Authorities (Scotland) Regulations 2010 and come into force on 1st June 2010.
Threshold amount and marginal amount2
1
The threshold amount for the purposes of section 74(2A)(a) of the Local Government (Scotland) Act 1973 is £10,000.
2
The marginal amount for the purposes of section 74(2A)(b) of that Act is 25% of the best consideration that can reasonably be obtained.
Procedure3
1
The procedure for a disposal of land for a consideration less than the best that can reasonably be obtained is as follows.
2
The local authority must—
a
appraise and compare the costs and other disbenefits and the benefits of the proposal; and
b
determine that the circumstances set out in regulation 4 are met.
Circumstances4
1
The circumstances in which a local authority may dispose of land for a consideration less than the best that can reasonably be obtained are that—
a
the local authority is satisfied that the disposal for that consideration is reasonable; and
b
the disposal is likely to contribute to any of the purposes set out in paragraph (2), in respect of the whole or any part of the area of the local authority or any persons resident or present in that area.
2
Those purposes are the promotion or improvement of—
a
economic development or regeneration;
b
health;
c
social well-being; or
d
environmental well-being.
3
In this regulation, references to “well-being” are to be construed as for the purposes of section 20 of the Local Government in Scotland Act 20032.
(This note is not part of the Regulations)