| Description | The Local Government in Scotland Act 2003 allowed for Regulations to be prepared that would allow local authorities to dispose of land for less than best value, without the need to seek the prior consent of Scottish Ministers. |
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| ISBN | (Web Only) |
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| Official Print Publication Date | |
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| Website Publication Date | August 16, 2007 |
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LOCAL GOVERNMENT IN SCOTLAND ACT 2003 - SECTION 11 - SUPPORTING GUIDANCE ANDREGULATIONS FOR DISPOSALS OF LANDAT LESS THAN BEST CONSIDERATION THAT CAN REASONABLY BE OBTAINED
The Draft Guidance
Statutory Guidance issued under section 74 of the Local Government ( Scotland) Act 1973, as amended by section 11 of the Local Government in ScotlandAct 2003: Consultation draft
The duty to appoint and instruct a suitably qualified valuer when determining the value of land that is disposed for less than full value; and the factors to be taken into account by that valuer in assessing the best consideration that can reasonably be obtained for land that is disposed for less than market value.
1. Introduction
1.1 This guidance is issued by Scottish Ministers under section 74 of the Local Government (Scotland) Act 1973, as amended by section 11 of the Local Government in Scotland Act 2003. It is the duty of a local authority to have regard to this guidance in appointing and instructing a suitably qualified valuer for the purposes of assessing the best consideration that can reasonably be obtained by a local authority. This provides guidance on what are suitable qualifications for a valuer and what factors are to be (or not to be) taken into account by the valuer in assessing the consideration.
1.2 Guidance and regulations issued under section 74 (as amended) is relevant to local authorities, i.e. councils constituted under section 2 of the Local Government etc (Scotland) Act 1994.
2. A Suitably Qualified Valuer
2.1 When determining the value of land that is disposed for less than full value, local authorities should appoint and instruct a valuer who is a chartered member of the Royal Institution of Chartered Surveyors (RICS). The valuer should be suitably experienced in the valuation of the type of property concerned and with a reasonable knowledge of the locality concerned. 3. Factors to be taken into account when assessing best consideration
3.1 When assessing best consideration, the basis of the valuation of the land, asset or lease established in open competition or by a qualified valuer should take into account the requirements of the RICS Appraisal and Valuation Standards, Fifth Edition ("the Red Book") and also allow for any bid by a special purchaser, as set out in the Compulsory Purchase Code1.
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1 Current compulsory purchase legislation is commonly referred to as the Compulsory Purchase Code. The main relevant pieces of legislation here are the Land Compensation (Scotland) Act 1963 (as amended) by the Land Compensation (Scotland) Act 1973, the Lands Clauses (Consolidation) (Scotland) Act 1845, the Railway Clauses (Consolidation) (Scotland) Act 1845, the Planning and Compensation Act 1991, relevant sections of the Housing Acts and sundry regulations. There is also relevant case law.