C6C7Part VI Miscellaneous Powers of Local Authorities
Pt. VI applied (24.2.2016) by National Galleries of Scotland Act 2016 (asp 6), ss. 1, 4
Land transactions
C2C374 Disposal of land. C1
1
Subject to Part II of the M1Town 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.
C4C52
Except F1in 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.
F2C52A
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.
C52B
The Scottish Ministers shall, by regulations, fix the threshold amount and the marginal amount for the purposes of subsection (2A) above.
C52C
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.
C52D
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.
C52E
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.
C52F
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.
C52G
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.
C52H
Before making such regulations, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.
F33
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Pt. VI modified (2.8.2014) by City of Edinburgh Council (Portobello Park) Act 2014 (asp 15), ss. 1, 5