(1)Subsection (2) applies where a local authority is considering—
(a)disposing of any property which is held by the authority as part of the common good, or
(b)changing the use to which any such property is put.
(2)Before taking any decision to dispose of, or change the use of, such property the local authority must publish details about the proposed disposal or, as the case may be, the use to which the authority proposes to put the property.
(3)The details may be published in such a way as the local authority may determine.
(4)On publishing details about its proposals under subsection (2), the local authority must—
(a)notify the bodies mentioned in subsection (5) of the publication, and
(b)invite those bodies to make representations in respect of the proposals.
(5)The bodies are—
(a)where the local authority is Aberdeen City Council, Dundee City Council, the City of Edinburgh Council or Glasgow City Council, any community council established for the local authority's area,
(b)where the local authority is any other council, any community council whose area consists of or includes the area, or part of the area, to which the property mentioned in subsection (1) related prior to 16 May 1975, and
(c)any community body that is known by the authority to have an interest in the property.
(6)In deciding whether or not to dispose of any property held by a local authority as part of the common good, or to change the use to which any such property is put, the authority must have regard to—
(a)any representations made under subsection (4)(b) by a body mentioned in subsection (5), and
(b)any representations made by other persons in respect of its proposals published under subsection (2).
Commencement Information
I1S. 104 in force at 27.6.2018 by S.S.I. 2018/139, art. 2(d)
(1)In carrying out any of the duties imposed on it by section 104, a local authority must have regard to any guidance issued by the Scottish Ministers in relation to the duties.
(2)A local authority must have regard to any guidance issued by the Scottish Ministers in relation to the management and use of property that forms part of the common good.
(3)Before issuing any guidance as mentioned in subsection (1) or (2), the Scottish Ministers must consult—
(a)local authorities,
(b)community councils, and
(c)such community bodies as the Scottish Ministers think fit.
Commencement Information
I2S. 105 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.