(1) Subject to subsection (2), for the purposes of Part VI of the 1973 Act Portobello Park is deemed to be land forming part of the common good of the Council with respect to which land no question arises as to the right of the Council to alienate.
(2) For the purposes of subsection (1), no question shall arise as to the Council's right to alienate Portobello Park only to the extent that the alienation in question consists of the appropriation of Portobello Park for the purposes of the Council's functions as an education authority, including for the avoidance of doubt the Council's powers under section 17 of the 1980 Act.
Section 2
2. Status of pre-existing conditions, powers and duties S
(1) Any powers under Part VI of the 1973 Act that are exercisable by the Council in respect of Portobello Park as a result of section 1 are exercisable notwithstanding any term of the disposition that would otherwise prevent their use.
(2) Nothing in this Act shall prejudice the exercise of the Council's powers, or existence of the Council's duties, under sections 14 to 19 of the Local Government and Planning (Scotland) Act 1982 in respect of Portobello Park.