Education (Scotland) Act 1980

20 Acquisition of land and execution of works. S

(1) In order to enable them to execute any of their functions, an education authority may, subject to subsection (2) below, from time to time—

(a) acquire, whether by way of purchase, feu, lease, excambion or donation, any land whether situated within or outwith the area of the authority;

(b) erect and furnish buildings or execute any other works on any land belonging to them, or on land leased by them;

(c) convert, alter, enlarge or improve any existing building or other works belonging to the authority or leased by them;

Provided always that paragraphs (b) and (c) above shall not of themselves authorise the authority to do anything contrary to the conditions contained in the title to or lease of any such land, buildings or other works.

(2) An education authority shall not, except in such cases as may be prescribed by regulations made by the Secretary of State, cause or permit works to be commenced for the erection, extension or alteration of any building on land acquired by them for use as the site—

(a) of an educational establishment or of playing fields to be used in connection with such an establishment, or

(b) of an extension to any such establishment or playing fields (whether contiguous to the establishment or playing fields or detached therefrom),

without the approval of the Secretary of State given in writing before such commencement.

(3) An application by an education authority to the Secretary of State for an approval under subsection (2) above shall be in such form, and shall contain such particulars, as may be prescribed; and the Secretary of State may give his approval unconditionally, or subject to such conditions as he may think fit.

(4) For the purpose of the acquisition of land by an education authority under this Act, the Land Clauses Acts, except in so far as they relate to the purchase and taking of land otherwise than by agreement, shall be incorporated with this Act.

(5) An education authority may be authorised by the Secretary of State to purchase land compulsorily for the purposes of this Act, and the M1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act.

(6) In this section, and in the Lands Clauses Acts as hereby incorporated, “land” includes water and any right or servitude in or over land or water.

Marginal Citations

M1 1947 c. 42.