Local Government (Scotland) Act 1973

74 Disposal of land. S

(1) Subject to Part II of the M1 Town and Country Planning (Scotland) Act 1959 and to subsection (2) below, a local authority may dispose of land held by them in any manner they wish.

(2) Except [F1 in accordance with regulations under subsection (2C) below,] a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.

[F2 (2A) Subsection (2) does not extend to a disposal where—

(a) the best consideration that can reasonably be obtained is less than the threshold amount; or

(b) the difference between that consideration and the proposed consideration is less than the marginal amount.

(2B) The Scottish Ministers shall, by regulations, fix the threshold amount and the marginal amount for the purposes of subsection (2A) above.

(2C) The Scottish Ministers may, by regulations, provide as to the circumstances in which and procedure by which local authorities may, under this section, dispose of land for a consideration less than the best that can reasonably be obtained.

(2D) Those regulations may include provision—

(a) requiring a local authority proposing to dispose of land at less than the best consideration that can reasonably be obtained to appraise and compare the costs and other disbenefits and the benefits of the proposal;

(b) requiring the local authority, before deciding in favour of the proposal, to be satisfied that so deciding would be reasonable; and

(c) setting out factors to which the local authority must have regard when considering whether its decision would be reasonable.

(2E) References in this section to the best consideration that can reasonably be obtained by a local authority are references to that consideration as assessed by a suitably qualified valuer.

(2F) In appointing and instructing a suitably qualified valuer for the purposes of subsection (2E) above, the local authority shall have regard to any guidance provided by the Scottish Ministers on—

(a) what are suitable qualifications;

(b) what factors are to be or not to be taken into account by the valuer in assessing the consideration referred to in that subsection.

(2G) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(2H) Before making such regulations, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.]

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 74(2) substituted (20.4.2010 for certain purpose, otherwise 1.6.2010) by Local Government in Scotland Act 2003 (asp 1), ss. 11(1)(a), 62(2); S.S.I. 2010/119, {arts. 2, 3} (with art. 4)

F2 S. 74(2A)-(2H) inserted (20.4.2010 for certain purposes, otherwise 1.6.2010) by Local Government in Scotland Act 2003 (asp 1), ss. 11(1)(b), 62(2); S.S.I. 2010/119, {arts. 2, 3} (with art. 4)

F3 S. 74(3) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Modifications etc. (not altering text)

C1 S. 74 applied with modifications by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 12(9)(10), 335

C2 S. 74 excluded by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 43(4)

C3 S. 74 excluded (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 28(6) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 1.

C4 S. 74(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(a)

C5 S. 74(2)-(2H) applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 2(2); S.S.I. 2005/454, {art. 2 Table}, Sch. 2

Marginal Citations

M1 1959 c. 70.