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Local Government (Scotland) Act 1973
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Changes over time for: Section 223
Version Superseded: 01/04/1996
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 01/04/1996- Amendment
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Local Government (Scotland) Act 1973, Section 223 is up to date with all changes known to be in force on or before 03 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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223 Property held on trust. S
(1)All property held on trust immediately before 16th May 1975 by
(a)an existing local authority, or
(b)a councillor and a specified officer of an existing local authority,
shall on that day be transferred to and vest (subject to the same trust) in the appropriate islands or district council.
(2)The council in whom property is vested by virtue of subsection (1)
above shall nominate a sufficient number of their councillors to act as trustees of that property and in so doing shall have regard to the terms of the trust deed; and where the property is held immediately before 16th May 1975 by the persons mentioned in subsection (1)(b) above, the council shall nominate the proper officer as one of the trustees.
(3)All property held on trust immediately before 16th May 1975 by a specified officer of an existing local authority shall on that day be transferred to and vest (subject to the same trust) in the proper officer of the appropriate islands or district council.
(4)Where, immediately before 16th May 1975, property is held on trust by the holder of an office, whether as a councillor or a specified officer, connected with an existing local authority or existing local authorities and any other person, the appropriate islands or district council or (where the area to which the trust relates comprises the areas of more than one existing local authority) the appropriate islands or district councils shall, on the application of the trustees, nominate a sufficient number of their councillors to act in place of such holder and in so doing shall have regard to the terms of the trust deed, and, where the terms of the trust deed so require, the said council or councils shall nominate the proper officer as one of the trustees.
(5)In this section “appropriate islands or district council” means, in relation to an existing local authority, the islands or district council whose area comprises the whole or the greater part of the area of the existing local authority, and “appropriate islands or district councils” shall be construed accordingly.
(6)This section shall not apply to property which is subject to section 128 of this Act.
Modifications etc. (not altering text)
C1S. 223 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)
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