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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
These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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.
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These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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
These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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.
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These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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
These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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
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These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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
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These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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
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These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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
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These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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:
“We, CMS Cameron McKenna LLP, on behalf of the Board of Trustees of the National
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:
“We, CMS Cameron McKenna LLP, on behalf of the Board of Trustees of the National
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.”
“We, CMS Cameron McKenna LLP, on behalf of the Board of Trustees of the National
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
These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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
These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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 private.bills@scottish.parliament.uk, 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
These documents relate to the National Galleries of Scotland Bill (SP Bill 77) as introduced in
the Scottish Parliament on 25 June 2015
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
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)
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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