Commentary on Sections Disposal etc. of allotment sites leased by local authority
402.Section 118 applies where a local authority leases an allotment site.
403.Subsection (2) provides that the local authority may not renounce (terminate voluntarily) its lease of an allotment site without the consent of the Scottish Ministers. In addition, even where a change of use is permitted by the lease, the local authority may not change the use of the allotment site unless the Scottish Ministers consent (subsection (3)). Subsection (4) requires the Scottish Ministers to consult both the local authority and other persons with an interest before granting consent.
404.As with section 117, the consent of the Scottish Ministers may be subject to conditions (subsection (5)), and the Scottish Ministers may not grant consent unless they are satisfied that the tenants of the site or part of the site affected by the proposed renunciation or change of use are to be offered an alternative allotment, of the same or similar size to that of the tenant’s allotment, on the same site or within a reasonable distance, or that the provision of an alternative is unnecessary or not reasonably practicable in the circumstances (subsection (6)). Subsection (7) sets out that a purported renunciation of a lease without the Scottish Ministers’ consent is of no effect.