Section 5 Erection of buildings and provision of services etc.
Scotland
The Board may—
erect buildings or other structures and carry out works or other operations on land;
provide equipment and services on or in connection with land;
hold, manage, maintain, hire, let or otherwise dispose of such works, equipment or services.
The powers conferred by the foregoing subsection may be exercised by the Board either on or in connection with land belonging to them, or, with the consent of all persons having an interest therein, on or in connection with other land.
The powers conferred on the Board by subsection (1) of this section shall be exercisable in relation to land not belonging to them on such terms as may be arranged by agreement with the persons having an interest in the land.
Where any person having such an interest in any land as enables him to bind the land enters into any such agreement as aforesaid, the agreement may be recorded in the Register of Sasines, and if so recorded shall be enforceable at the instance of the Board against persons deriving title to the land from the person who entered into the agreement:
Provided that any such agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid, or against any person deriving title from such third party.
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Annotations
Textual amendments
- F1
S. 5(5), 13(6)–(8) repealed by Scottish Development Agency Act 1975 (c. 69), Sch. 5
Notes on the whole Act
Textual amendments
- F1
Act repealed (20.7.1992) by Enterprise and New Towns (Scotland) Act 1990 (c. 35), s. 38(2), Sch. 5 Pt. IV; S.I.1992/1764, art.2.