3 This power may also be used for the purposes of functions conferred on a local authority by certain other legislation, but this does not include functions conferred by the Community Empowerment (Scotland) Act 2015. This is because “enactment” in section 70 of the 1973 Act does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament (by virtue of the Interpretation Act 1978).
4 The power in section 73 of the 1973 Act is now subject to sections 117 and 118 of the Community Empowerment (Scotland) Act 2015. Section 117 provides that a local authority may not, without the consent of the Scottish Ministers, dispose of any allotment site which it owns or change the use of the whole or part of it. Section 118 applies where a local authority leases an allotment site and provides that such a local authority may not renounce its lease of the whole or part of the allotment site and may not change the use of the allotment site (where a change of use of whole or part of the allotment site proposed by the local authority is permitted by the lease) without the consent of the Scottish Ministers.
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