Commentary on Sections Part 7 – Common Good Land Section 77 – Change of use of land forming part of the common good
386.At present, where there is a question as to the right of a local authority to take land out of the common good the authority can dispose of such land but only after obtaining the consent of the Court of Session or the sheriff. By amending section 75 of the Local Government (Scotland) Act 1973, this section extends this power to cases where an authority wishes to use such land for a different purpose without disposing of it. As with the existing power, the Court of Session or the sheriff will be able to impose conditions on any consent that may be granted.