NATIONAL GALLERIES OF SCOTLAND BILL Galleries of... · 2020-03-13 · These documents relate to the...

These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in

the Scottish Parliament on 25 June 2015

SP Bill 77–EN Session 4 (2015)

NATIONAL GALLERIES OF SCOTLAND BILL

——————————

EXPLANATORY NOTES

(AND OTHER ACCOMPANYING DOCUMENTS)

CONTENTS

As required under Rule 9A.2 of the Parliament’s Standing Orders, the following documents are

published to accompany the National Galleries of Scotland Bill introduced in the Scottish

Parliament on 25 June 2015:

Explanatory Notes;

a Promoter’s Statement;

the promoter’s statement on legislative competence; and

the Presiding Officer’s statement on legislative competence.

A Promoter’s Memorandum is published separately as SP Bill 77–PM.

In addition to the accompanying documents published by the Parliament (referred to above), the

following accompanying document is published separately by the promoter:

Plan of relevant land in relation to National Galleries of Scotland Bill.

1



EXPLANATORY NOTES

INTRODUCTION

1. These Explanatory Notes have been prepared by CMS Cameron McKenna LLP on behalf of

the promoters, the Board of Trustees of the National Galleries of Scotland (“the Board”) to assist

the reader of the National Galleries of Scotland Bill (“the Bill”) and to help inform the debate on

it. They do not form part of the Bill and have not been endorsed by the Parliament.

2. The Notes should be read in conjunction with the Bill. They are not, and are not meant to be,

a comprehensive description of the Bill. So where a section, or a part of a section, does not seem

to require any explanation or comment, none is given.

THE BILL

3. In pursuance of their statutory functions, the Board propose to extend the Scottish

National Gallery. The new section of the National Gallery will extend into an area of land (“the

relevant land”) which currently forms part of Princes Street Gardens (“the Gardens”) and is part

of the common good land of the City of Edinburgh Council (“the Council”).

4. The relevant land is currently in the ownership of the Council. Due to the relevant land’s

common good status, the Council cannot dispose of it to a third party under existing law without

court authorisation under the terms of section 75(2) of the Local Government (Scotland) Act

1973 (“the 1973 Act”). The Bill will change the status of the common good land to enable the

Council to dispose of the relevant land to the Board for the purpose of extending the Scottish

National Gallery, as an alternative to court authorisation.

5. The disposal of the relevant land to the Board will not be sufficient in itself to enable the

Board to extend the Scottish National Gallery. The Gardens are subject to a statutory restriction

which prohibits the construction of buildings on any part of the Gardens. That restriction is

contained in section 22 of the Schedule to the City of Edinburgh District Council Order

Confirmation Act 1991 (c.xix) (“the 1991 Act”). While there are limited exceptions to this

prohibition, e.g. for monuments and bandstands, none of them would permit the works proposed

by the Board.

6. Without further legislation, the relevant land (even if owned by the Board rather than the

Council):

a) would continue to be part of the Gardens; and accordingly

b) would continue to be subject to the statutory restriction contained in section 22 of the

Schedule to the 1991 Act.

7. The Bill is therefore necessary to remove the relevant land from the Gardens and hence to

disapply the effect of section 22 of the Schedule to the 1991 Act to the relevant land.

3



COMMENTARY ON SECTIONS

8. Subsection (1) of section 1 provides that, when the Bill is enacted and comes into force,

the relevant land will be deemed to be alienable common good land for the purposes of Part VI

of the 1973 Act. This enables the Council to rely on section 74 of that Act, read with section

75(1), to dispose of the land.

9. Subsection (2) of section 1 limits subsection (1) so that the Council may only dispose of

the relevant land to the Board for the purpose of extending the Scottish National Gallery, The

Mound, Edinburgh. The relevant land otherwise remains inalienable, and so the Council may not

dispose of it under section 74 of the 1973 Act to any other party or for any other purpose without

court authorisation or further legislation.

10. Section 2 provides that, when the Bill is enacted and comes into force, the relevant land

shall cease to form part of the Gardens and, consequently, the restriction on construction

contained in section 22 of the Schedule to the 1991 Act shall cease to apply to the relevant land.

11. Section 3 principally defines the relevant land. A plan which identifies the location and

extent of the relevant land has been produced by the promoter. The relevant land forms part of

the Gardens and lies to the east of, and adjacent to, the Mound. It measures approximately 737

square metres. Section 3 also defines the Council.

4



PROMOTER’S STATEMENT

NOTIFICATION TO PERSONS WITH INTEREST IN HERITABLE PROPERTY

1. Rule 9A.2.3(d)(i) of the Parliament’s Standing Orders applies because the Bill contains

provisions which affect heritable property.

2. As a result of the Bill, the status of a small piece of land (“the relevant land”) forming

part of Princes Street Gardens (“the Gardens”) which is currently within the ownership of the

City of Edinburgh Council (“the Council”), and is inalienable common good land, will be

changed so that it is deemed to be alienable common good land. As a result, the Council will be

able to dispose of the relevant land to the Board of Trustees of The National Galleries of

Scotland (“the Board”). The Council is the only party with a heritable interest in the property.

Discussions have been ongoing between the Board and the Council for some time and the

Council has been aware of the Board’s intention to introduce the Bill.

3. A report from the Acting Director of Services for Communities was presented to the

Council’s Finance and Resources Committee on 3 February 2015. The report noted that the

Board had approached the Council requesting to acquire the relevant land, which is inalienable

common good land. The report also noted that the Board was intending to promote the Bill to

disapply the provisions of the City of Edinburgh District Council Order Confirmation Act 1991

(“the 1991 Act”) which restrict construction in the Gardens and that it was also intending to

incorporate provisions in relation to the relevant land’s common good status as part of the Bill.

4. The Committee decided on 3 February 2015:

i. to note proposals by The National Galleries Of Scotland (NGS) to extend the

National Gallery;

ii. to authorise the Acting Director of Services for Communities to enter into

negotiations with NGS for the sale of a strip of land at Princes Street Gardens;

iii. to note that submission of a private bill to the Scottish Parliament was made to enable

the release of the land for sale and, if required, an application to the Court of Session;

and

iv. to note that provisionally agreed terms for the proposed sale to NGS would be

reported back to Finance and Resources Committee for approval.

5. Notice of the intention to introduce a Bill was sent to the Council by first class recorded

delivery post on 5 June 2015. An electronic copy of the notice was also sent to the solicitor and

surveyor at the Council who have been involved in the discussions.

5



NOTIFICATION TO AND CONSENT FROM MEMBERS ETC.

6. Rule 9A.2.3(d)(ii) of the Parliament’s standing orders applies because the promoter is a

body corporate.

7. On 16 June 2014, plans for the project were presented to a meeting of the Board and it

was explained that, due to an expansion to the original proposal, an Act of the Scottish

Parliament would be required to deliver the proposed scheme and that the Board’s consent was

required for the introduction of the proposed legislation. At the meeting, the Board gave its

unanimous “approval in principle for the expanded option, as outlined, to be delivered within the

existing timescale” with updates on progress to be provided to the Board.

8. Subsequently, a number of progress reports have been prepared as the proposals have

developed. A report dated 17 February 2015 confirmed that it was now intended to introduce a

bill to the Parliament to address the common good authorisation and the removal of the

restrictions contained in section 22 of the Schedule to the “the 1991 Act” with the target of

submitting the documentation to the Parliament by the end of May 2015. A further report dated

21 April 2015 provided an update to confirm that a meeting had been held at the Parliament to

discuss the parliamentary process, which would involve an objection period over the summer

recess with consideration by committee thereafter.

NOTIFICATION TO AND CONSENT FROM BODIES AFFECTED

9. The Bill does not contain any provisions conferring powers upon or modifying the

constitution of any body corporate or unincorporated association named in the Bill but not being

the promoters. Accordingly Rule 9A.2.3(d)(iii) of the Parliament’s Standing Orders does not

apply.

ADVERTISEMENT OF INTENTION TO INTRODUCE THE BILL

10. Notice of the intention to introduce the Bill was published in the Scotsman and the

Evening News on 12 June 2015 and has been displayed from 12 June 2015 in the libraries listed

below. The text of these notices is reproduced at Annexes 1 and 2 respectively.

Local Authority Library Address

Aberdeen City Council Central Library Rosemount Viaduct

Aberdeen

AB25 1GW

Aberdeenshire Council Westhill Library Westhill Drive

Skene

AB32 6FY

Angus Council Forfar Library 50-56 West High Street

6



Forfar

DD8 1BA

Argyll and Bute Council Helensburgh Library West King Street

Helensburgh

G84 8EB

City of Edinburgh Council Central Library George IV Bridge

Edinburgh

EH1 1EG

Clackmannanshire Council Alloa Library Alloa Speirs Centre

Primrose Place

Alloa

FK10 1AD

Comhairle nan Eilean Siar Stornoway Library 19 Cromwell Street

Stornoway

Isle of Lewis

HS1 2DA

Dumfries & Galloway Council Ewart Library Catherine Street

Dumfries

DG1 1JB

Dundee City Council Central Library The Wellgate

Dundee

DD1 1DB

East Ayrshire Council The Dick Institute Elmbank Avenue

Kilmarnock

KA1 3BU

East Dunbartonshire Council William Patrick Library 2/4 West High Street

Kirkintilloch

G66 1AD

East Lothian Council Haddington Library The John Gray Centre

Lodge Street

Haddington

East Lothian

EH41 3DX

7



East Renfrewshire Council Barrhead Foundry Library Main Street

Barrhead

East Renfrewshire

G78 1SW

Falkirk Council Falkirk Library Hope Street

Falkirk

FK1 5AU

Fife Council Rothes Halls Library Rothes Square

Glenrothes

KY7 5NX

Glasgow City Council The Mitchell Library North Street

Glasgow

G3 7DN

The Highland Council Inverness Library Farraline Park

Inverness

IV1 1NH

Inverclyde Council Central Library 7 Wallace Place

Greenock

PA15 1JB

Midlothian Council Dalkeith Library 2 White Hart Street

Dalkeith

Midlothian

EH22 1AE

Moray Council Elgin Library Cooper Park

Elgin

Moray

IV30 1HS

North Ayrshire Council Irvine Library 168 High Street

Irvine

Ayrshire

KA12 8AN

North Lanarkshire Council Motherwell Library 35 Hamilton Road

8



Motherwell

ML1 3BZ

Orkney Islands Council Kirkwall Library 44 Junction Road

Kirkwall

Orkney

KW15 1AG

Perth & Kinross Council A K Bell Library York Place

Perth

PH2 8EP

Renfrewshire Council Paisley Central Library 68 High Street

Paisley

PA1 2BB

Scottish Borders Council Galashiels Library Lawyers Brae

TD1 3JQ

Shetland Islands Council Shetland Library Lower Hillhead

Lerwick

Shetland

ZE1 0EL

South Ayrshire Council Carnegie Library 12 Main Street

Ayr

KA8 8EB

South Lanarkshire Council Hamilton Town House

Library

102 Cadzow Street

Hamilton

ML3 6HH

Stirling Council Central Library Corn Exchange Road

Stirling

FK8 2HX

West Dunbartonshire Council Dumbarton Library Strathleven Place

Dumbarton

G82 1BD

West Lothian Council Carmondean Library Carmondean Centre

Deans

9



Livingston

West Lothian

EH54 8PT

OTHER ACCOMPANYING DOCUMENTS

11. Copies of the only other document relevant to the Bill but which is not an accompanying

document (the only document in this category at the time of introduction being a plan showing

the extent of the “relevant land” defined in the Bill) may be inspected or obtained free of charge

in accordance with Rule 9A.2.3(d)(v) at the following premises:

Motherwell Library

35 Hamilton Road

Motherwell

ML1 3BZ

The Mitchell Library

North Street

Glasgow

G3 7DN

Inverness Library

Farraline Park

Inverness

IV1 1NH

Scottish National Gallery

The Mound

Edinburgh

EH2 2EL

A K Bell Library

York Place

Perth

PH2 8EP

Central Library

Rosemount Viaduct

Aberdeen

AB25 1GW

10



12 Main Street

Ayr

KA8 8EB

Central Library

Wallace Place

Greenock

PA15 1JB

12. On 3 June 2015, the following statement was made:

“We, CMS Cameron McKenna LLP, on behalf of the Board of Trustees of the National

Galleries of Scotland, hereby undertake to send copies of any documents that are relevant to

the National Galleries of Scotland Bill but are not accompanying documents to the premises

to which the Bill and accompanying documents are to be sent by the Clerk under Rule 9A.4.2

of the Parliament’s Standing Orders.”

PROMOTER’S UNDERTAKING TO PAY COSTS

13. On 3 June 2015, the following statement was made:


Galleries of Scotland, hereby undertake to pay any costs that may be incurred by the Scottish

Parliament Corporate Body during the passage of the National Galleries of Scotland Bill in

respect of the matters determined by that Body under Rule 9A.2.3(d)(vi) of the Parliament’s

Standing Orders.

ASSIGNATION OF COPYRIGHT/LICENSING AGREEMENT

14. On 3 June 2015, the following statements were made:


Galleries of Scotland, hereby assign to the Scottish Parliamentary Corporate Body copyright

in the promoter’s statement on legislative competence, the Explanatory Notes, the Promoter’s

Memorandum and the Promoter’s Statement accompanying the Bill.”


Galleries of Scotland, hereby licence the Scottish Parliamentary Corporate Body to use or

reproduce as may be required for the Parliament’s purposes any document which is relevant

to the National Galleries of Scotland Bill but is not an accompanying document and which is

submitted by the promoter to the Clerk on introduction or subsequently.”

11

Carnegie Library



ANNEX 1

Text of newspaper notice of intention to promote the Bill

Proposed Private Bill

1. The Board of Trustees of the National Galleries of Scotland (“the Board”) intends to

introduce a Private Bill, the National Galleries of Scotland Bill, into the Scottish Parliament

on or around 26 June 2015.

2. The purpose of the Bill is to (i) enable the extension of the Scottish National Gallery to be

carried out on land (“the relevant land”) currently within Princes Street Gardens (“the

Gardens”) by removing that land from the Gardens, thus disapplying the statutory restriction

on construction within the Gardens contained in that Act in so far as it relates to the relevant

land; and (ii) change the status of the relevant land so that it is deemed to be alienable

common good land, enabling the City of Edinburgh Council to dispose of the relevant land to

the Board for the purpose of extending the Scottish National Gallery.

3. From the day after introduction, the Bill and its accompanying documents will be available

on the Parliament’s website (www.scottish.parliament.uk). Information about the Bill

process, including how to lodge objections to the Bill, is also available on the Parliament’s

website or by writing to the Non-Government Bills Unit, Scottish Parliament, Edinburgh

EH99 1SP. Additional information about the Bill can be obtained by writing to CMS

Cameron McKenna LLP, Saltire Court, 20 Castle Terrace, Edinburgh EH1 2EN quoting

reference ANFA/NAT041.00055.

12

http://www.scottish.parliament.uk/



ANNEX 2

Text of library notice of intention to promote the Bill

Proposed Private Bill

1. The Board of Trustees of the National Galleries of Scotland (“the Board”) intends to

introduce a Private Bill, the National Galleries of Scotland Bill, into the Scottish Parliament

on or around 26 June 2015.

2. The purpose of the Bill is to (i) enable the extension of the Scottish National Gallery to be

carried out on land (“the relevant land”) currently within Princes Street Gardens (“the

Gardens”) by removing that land from the Gardens, thus disapplying the statutory restriction

on construction within the Gardens contained in that Act in so far as it relates to the relevant

land; and (ii) change the status of the relevant land so that it is deemed to be alienable

common good land, enabling the City of Edinburgh Council to dispose of the relevant land to

the Board for the purpose of extending the Scottish National Gallery.

3. From the day after introduction, the Bill and its accompanying documents will be available

on the Parliament’s website (www.scottish.parliament.uk). In addition, copies of the Bill and

its accompanying documents will be available for inspection at National Gallery of Scotland,

The Mound, Edinburgh EH2 2EL.

4. Other documents that are relevant to the Bill (including a plan showing the relevant land)

will also be available for inspection at the above premises.

5. Information about the Bill process, including how to lodge objections to the Bill, is also

available on the Parliament’s website or by contacting the Non-Government Bills Unit at the

Scottish Parliament, Edinburgh EH99 1SP or at [email protected], or on

0131 348 5246. Additional information about the Bill can be obtained by writing to CMS

Cameron McKenna LLP, Saltire Court, 20 Castle Terrace, Edinburgh EH1 2EN quoting

reference ANFA/NAT041.00055.

13




PROMOTER’S STATEMENT ON LEGISLATIVE COMPETENCE

On 3 June 2015, CMS Cameron McKenna LLP, on behalf of the Board of Trustees of the

National Galleries of Scotland made the following statement:

―In our view, the provisions of the National Galleries of Scotland Bill would be within

the legislative competence of the Scottish Parliament.‖

——————————

PRESIDING OFFICER’S STATEMENT ON LEGISLATIVE

COMPETENCE

On 25 June 2015, the Presiding Officer (Rt Hon Tricia Marwick MSP) made the following

statement:

―In my view, the provisions of the National Galleries of Scotland Bill would be within

the legislative competence of the Scottish Parliament.‖

14



SP Bill 77–EN Session 4 (2015)

NATIONAL GALLERIES OF SCOTLAND BILL

EXPLANATORY NOTES

(AND OTHER ACCOMPANYING DOCUMENTS)

Parliamentary copyright. Scottish Parliamentary Corporate Body

Information on the Scottish Parliament’s copyright policy can be found on the website -

www.scottish.parliament.uk

Produced and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by APS

Group Scotland.

ISBN 978-1-910983-24-9


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