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Statutory Instrument 1995 No. 2500 (S.182)

The Local Government Property Commission (Scotland) Order 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995  No. 2500 (S.182)

LOCAL GOVERNMENT, SCOTLAND

The Local Government Property Commission (Scotland) Order 1995

Made25th September 1995
Laid before Parliament26th September 1995
Coming into force17th October 1995

    The Secretary of State, in exercise of the powers conferred on him by section 19(1) and (2) of the Local Government etc. (Scotland) Act 1994[1] and those provisions as applied by section 138 of that Act, and of all other powers enabling him in that behalf, and after carrying out such consultation as he considered appropriate, hereby makes the following Order:
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the Local Government Property Commission (Scotland) Order 1995 and shall come into force on 17th October 1995.

        (2)  In this Order, "the Property Transfer Order" means the Local Authorities (Property Transfer) (Scotland) Order 1995[2].
    Establishment of Property Commission
        2.—(1)  There shall be established a body to be known as "the Local Government Property Commission (Scotland)" (in this Order referred to as "the Property Commission") for the purpose of—
       (a) advising authorities on matters relating to property to be transferred from existing local authorities to new authorities[3];
       (b) advising the Secretary of State on the general principles on which such property should be transferred;
       (c) advising the Secretary of State as to the need to make special provision for the transfer and vesting of particular items of property;
       (d) making determinations, directions and nominations for purposes of transfer of property under the Property Transfer Order; and
       (e) doing anything (whether or not involving expenditure of money) which is calculated to facilitate, or is conducive or incidental to the functions specified at sub-paragraphs (a) to (d) above, including, without prejudice to the foregoing generality, valuing or instructing or obtaining valuations of any relevant property.

        (2)  The Schedule to this Order shall have effect with respect to the constitution and membership, the appointment and removal from office of the chairman and members, the employment of staff and the remuneration and superannuation of members and staff of the Property Commission established by paragraph (1) above.



Michael B Forsyth

One of Her Majesty's Principal Secretaries of State, Scottish Office
St Andrew's House, Edinburgh

25th September 1995




Notes:

[1] 1994 c. 39.

[2] S.I. 1995/2499.

[3] Section 19 of the Local Government etc. (Scotland) Act 1994 is applied to the Scottish Children's Reporter Administration and to the Principal Reporter (established under section 127 of that Act) by section 138(1) of that Act with the modifications specified at section 138(2) of that Act.

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