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Local Government (Development and Finance) (Scotland) Act 1964

Consolidated Text As Enacted Cited authorities 23 Cited in Amendments 68 Related
Vincent
JurisdictionUK Non-devolved
Citation1964 c. 67
Year1964
(1) A local authority may, for the benefit or improvement of their area, erect any building and construct or carry out works on land.(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Nothing in this section shall prevent the exercise by a local authority of power to develop land under section 19 of the preserving or enhancing the natural beauty of land in their area, orenabling land in their area to be brought into use or restoring or improving its appearance, where the land appears to them to be derelict, neglected or unsightly, orenabling members of the public to enjoy the countryside or engage in open-air recreation there,provide on land in their area picnic places, footpaths, seats, shelters, public conveniences, view-point stances and indicators, andprovide passenger ferries;for the purpose of enabling members of the public to engage in boating, fishing, water sports, or similar activities, provide piers, jetties, boatslips, landing places and landing stages.(3) In this section—
  • “footpath” includes gates, stiles, steps, bridges and other ancillary works;
  • “indicator” includes signposts, milestones, plaques, panoramic drawings and other means of indicating landmarks, together with any necessary mountings therefor;
  • “picnic places” includes equipment ancillary thereto;
  • “provide” includes maintain and improve.
may be exercised by a local authority either on land belonging to them, or, with the consent of all persons having an interest therein, on other land; andshall include power to manage any land so far as relates to anything done thereon by or on behalf of the local authority and to maintain any works carried out under the said powers.to make arrangements by agreement for the exercise of the power on behalf of the local authority by some other person on such terms as may be specified in the agreement, andto make an agreement with persons having an interest in the land fixing the terms on which the local authority will exercise their said powers.(3) The terms mentioned in the last foregoing subsection shall include, where appropriate, provision for securing public access to the land on which any works will have been carried out or facilities provided under the said powers and generally for safeguarding the interest of the public in any such works or facilities.(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(1) A local authority may make contributions towards expenditure incurred or to be incurred by any other local authority or by any voluntary organisation in the doing of anything which could have been done under this Part of this Act by the first-mentioned local authority; and a local authority may receive from any other person contributions towards expenditure incurred or to be incurred by them under this Part of this Act.In this subsection “voluntary organisation” means any body of persons, whether corporate or unincorporate, carrying on or proposing to carry on an undertaking otherwise than for profit F7and includes a community council within the meaning of the Local Government (Scotland) Act 1973.(2) Where any person having such an interest in any land as enables him to bind the land enters into any agreement relating to the land with a local authority acting in exercise of powers conferred on them by this Part of this Act, the agreement may be recorded in the Register of Sasines, and if so recorded shall be enforceable at the instance of the local authority 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.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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