Commentary on Sections Section 2
13.In its September 2012 decision, the Inner House questioned whether the terms of the 1898 disposition might have given rise to a title condition preventing a change in the use of the Park, separate from the restrictions placed on the Council by the 1973 Act. Subsection (1) confirms that nothing in the disposition prevents the Council from relying on Part VI of the 1973 Act in respect of the Park.
14.Subsection (2) confirms that the Council may continue to use the land for the provision of recreational, sporting, cultural and social facilities and activities. This includes using any school facilities constructed on the land for those purposes. These are the purposes for which the land was originally dedicated, and will continue to be given effect insofar as the construction and operation of any school constructed on the land allows.