Physical Training and Recreation Act 1937

10 Application to Scotland. E+W+S

(1) The provisions of this section shall have effect for the purpose of the application of this Act to Scotland.

(2) For any reference to the [F1 Secretary of State] there shall be substituted a reference to the Secretary of State; . . . F2

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

[F4 (4) “Local authority” means a [F5 regional islands] or district council:

. . . F6 ]

[F7 (5) Section four of this Act shall have effect as if in subsection (1) after the words “playing fields” the words “swimming baths or bathing places” were inserted, and as if for ubsection (2) the following subsection were substituted:—

“(2) Any premises provided by a local authority under the last foregoing subsection or any offices provided by a local authority for the transaction of their business may be used for the purposes of concerts or other entertainments which may be provided by the local authority or any other person, and any such premises or offices may be let by the authority for those purposes or for the purposes of meetings at such times and in such manner as will not interfere with the purposes for which the premises or offices are provided:

Provided that no concert or other entertainment provided by a local authority under this subsection shall include—

(a) the performance of a stage play; or

(b) any performance in the nature of a variety entertainment, or in which scenery, theatrical costumes, or scenic or theatrical accesories are used; or

(c) the showing of any cinematograph film (other than a film illustrative of questions relating to health or disease).”

(6) For section five of this Act the following section shall be substituted:—

“5. A local authority may acquire land for the purposes of subsection (1) of section four of this Act and, if they are unable to do so by agreement on terms which are in their opinion reasonable, they may purchase the land by means of a compulsory purchase order made by them, and confirmed by the Department of Health for Scotland, and the following provisions of the Town and Country Planning (Scotland) Act, 1932, viz. :— Part III of the First Schedule (except paragraph 5), Part I of the Third Schedule (except paragraph 2 and sub-paragraph (iii) of paragraph 3), and paragraph 2 of Part II of the Third Schedule shall, subject to any necessary modifications, apply to a compulsory purchase order under this section.”]

[F4 (7) A local authority shall have power to borrow for any purpose of this Act to which capital is properly applicable . . . F8 ]

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

[F12 (11) Section seven of this Act shall not apply.]

Textual Amendments

F1 Words substituted by virtue of Education Act 1944 (c. 31), s. 2(1), S.I. 1964/490, arts. 2(1), 3(2), 1969/1497, art. 2, 1970/1681, arts. 2(1), 6(3)

F2 Words repealed by Education (Scotland) Act 1945 (c. 37), Sch. 6 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F3 S. 10(3) repealed by Education (Scotland) Act 1945 (c. 37), Sch. 6

F4 S. 10(4)(7) repealed (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(2), Sch. 4 Pt. I

F5 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 162(1)

F6 S. 10(4) proviso repealed by Education (Scotland) Act 1945 (c. 37), Sch. 6

F7 S. 10(5)–(6) repealed (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(2), Sch. 4 Pt. I

F8 Words repealed by Local Government (Scotland) Act 1947 (c. 43), Sch. 14

F9 S. 10(8) repealed by Local Government (Scotland) Act 1947 (c. 43), s. 381, Sch. 14

F10 S. 10(9) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F11 S. 10(10) repealed by Education (Scotland) Act 1945 (c. 37), Sch. 6

F12 S. 10(11) repealed (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(2), Sch. 4 Pt. I

Modifications etc. (not altering text)

C1 The text of s. 10(5)(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.