OpenLegislation

Article 7 Right to share in proceeds of disposal

Original text. Later amendments are not shown.

(1)

The property commission if requested to do so by one or more of the successor authorities in relation to the transfer of any heritable property by virtue of a determination of its under article 3(1) above, or a direction made under article 3(3) above, may make that determination or, as the case may be, direction conditional upon the authority to which that property is proposed to be transferred entering into an agreement whereby it undertakes either—

(a)

to dispose of that property within such period, in such manner and on such terms and subject to such conditions as the commission may specify and to make payment of such part of the proceeds of that disposal as may be so specified to such authorities, and in such proportions, as may be so specified; or

(b)

to make payment, within such period and in such manner as the commission may specify, of such sums, and to such authorities, as may be so specified.

(2)

In any case described in paragraph (4) below, the property commission shall impose such a condition as is referred to in paragraph (1) above unless by reason of the particular circumstances it considers it inappropriate to do so.

(3)

In any case other than that described in paragraph (4) below, the property commission shall not impose such a condition as is referred to in paragraph (1) above unless by reason of the particular circumstances it considers it appropriate to do so.

(4)

The case referred to in paragraphs (2) and (3) above is that—

(a)

the property immediately before 1st April 1996 directly served an area including the areas or part of the areas of more than one successor authority; and

(b)

any staff employed at that property are transferred as at 1st April 1996 to the employment of more than one of the successor authorities concerned rather than to any one successor authority.