(1)For the purposes of—
(a)any of their functions under this or any other enactment, or
(b)the benefit, improvement or development of their area,
a local authority may acquire by agreement any land, whether situated inside or outside their area.
(2)A local authority may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the authority’s functions.
(3)For the purpose of the purchase of land by agreement by a local authority, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the M1Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the M2Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M3Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking or company, as the case may require.
(4)Where two or more local authorities acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those authorities from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.
(5) References in the foregoing provisions of this section to acquisition are references to acquisition by purchase, feu, lease or excambion.
Modifications etc. (not altering text)
C1S. 70 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 10(1), 335
C2S. 70 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(a); S.I. 1994/2850, art. 3(a), Sch. 2
Marginal Citations
(1)Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authority may be authorised by the Minister concerned with the function in question to purchase compulsorily any land, whether situated inside or outside their area.
(2)A local authority may not be authorised under subsection (1) above to purchase land compulsorily for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.
(3)Where one or more local authorities propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one local authority, between those authorities, and—
(a)the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and
(b)where there is more than one local authority concerned, the authorities may nominate one of them to acquire the land on behalf of them all and the authority so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.
(4)The M4Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.
Modifications etc. (not altering text)
C3S. 71 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(b); S.I. 1994/2850, art. 3(a), Sch. 2
C4S. 71 applied (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 4, 90, Sch. 1 para. 2(2) (with s. 77); S.S.I. 2005/392, art. 2(k)
Marginal Citations
The title to all land acquired by a local authority shall be taken in the corporate name of the authority.
(1)Subject to Part II of the M5Town and Country Planning (Scotland) Act 1959 and to the following provisions of this section, a local authority may appropriate for the purpose of any function, whether statutory or otherwise, land vested in them for the purpose of any other such function.
(2)A local authority may not exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection [F1(3)] below except with the consent of the Secretary of State.
(3)The land to which subsection (2) above applies is [F2land which] is held for use as allotments.
Textual Amendments
F1Word substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(a)
F2Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(b)
Marginal Citations
(1)Subject to Part II of the M6Town 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 with the consent of the Secretary of State, a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.
[F3(3)The foregoing provisions of this section shall apply in relation to a disposal of land by a water development board (as defined in section 109(1) of the M7Water (Scotland) Act 1980) as they apply in relation to any such disposal by a local authority.]
Textual Amendments
F3S. 74(3) added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 24
Modifications etc. (not altering text)
C5S. 74 applied with modifications by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 12(9)(10), 335
C7S. 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.
C8S. 74(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(a)
Marginal Citations
Textual Amendments
(1)The provisions of this Part of this Act with respect to the appropriation or disposal of land belonging to a local authority shall apply in the case of land forming part of the common good of an authority with respect to which land no question arises as to the right of the authority to alienate.
(2)Where a local authority desire to dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to dispose of the land subject to such conditions, if any, as they may impose, and the authority shall be entitled to dispose of the land accordingly.
(3)The Court of Session or sheriff acting under subsection (2)
above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be disposed of other land to be used for the same purpose for which the former land was used.
Where an heir of entail in possession of land disposes of land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such disposal, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.
Any purchase money or compensation payable in pursuance of this Part of this Act by a local authority in respect of land acquired from another local authority which would but for this section be required to be paid into court in manner provided by the Lands Clauses Acts may, if the Minister concerned with the purpose for which the land was held by the last mentioned authority consents, instead of being paid into court, be paid and applied as that Minister may determine, and the decision of that Minister shall be final.