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Asset Transfer under the Community Empowerment (Scotland) Act 2015 - Guidance for Community Transfer Bodies

Description
ISBN9781786525932
Official Print Publication Date
Website Publication DateNovember 10, 2016

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ISBN 978 1 78652 593 2 (web only publication)
PPDAS 82589

This document is also available in pdf format (812 KB)

Contents

1. Introduction

2. Status of this guidance

3. Getting started
Assets and services

4. Summary of asset transfer under the Community Empowerment Act

5. Community Transfer Bodies
Different types of body
Requirements for a community controlled body
Communities of interest
Designation
Bodies eligible for Community Rights to Buy
Applying for individual designation

6. Relevant Authorities - who can an asset transfer request be made to?

7. Finding suitable assets
Register of land
Land which need not be included in the register
Information about each property
Publishing the register
Enquiries about land
Further information about land

8. How to make an Asset Transfer Request
Requests from other community transfer bodies
Guidance on the requirements for making an asset transfer request

9. Procedure following receipt of an asset transfer request
Power to decline repeat requests
Acknowledgement
Publication, notification and representations
Prohibition on disposal of land

10. Decision-making process
Matters to be considered
Relevant authority's functions
Obligations and restrictions
Lease restrictions
"Other matters" and community support

11. Price, Valuation and Non-financial benefits
State Aid

12. Obtaining a joint valuation of the asset
What is "market value"?
When should the valuation be undertaken?
Who should value the property?
The basis of value
Suggested Template for joint letter of instruction to assess value of asset subject to Asset Transfer

13. Assessment of asset transfer requests
Introduction
Criteria for Assessing Requests
Considering the Request
Asset Transfer Request Recommendation

14. Use of conditions to protect discount
Mechanisms used
Proportionality
Collaboration and monitoring

15. Decision notice
Notification and Publishing

16. After Agreement
Community Transfer Body's Offer
Conclusion of contract
No contract concluded
Application to Scottish Ministers for an extension
Relevant authority's response, and decision

17. Reviews and Appeals - Introduction

18. Local authority review
Application for review
Notification of interested parties
Further representations
Hearing session rules
Additional evidence
Decision

19. Scottish Ministers review
Application for review
Notification of interested parties
Further representations
Hearing session rules
Additional evidence
Decision

20. Appeal to the Scottish Ministers
Notice of appeal and local authority response
Notification of interested parties
Further representations
Hearing session rules
Additional evidence
Decision

21. Appeals where no contract is concluded
Notice of appeal and relevant authority response
Further representations
Hearing session rules
Additional evidence
Decision
Offer and conclusion

Annex A: Asset Transfer Implementation Steering Group

Annex B: Short-Life Working Group on Valuation and Assessment of Non-Financial Benefits

Annex C: Useful Websites