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

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

Monday, January 23, 2017

ISBN: 9781786527509

A step-by-step guide for community bodies setting out who can make an asset transfer request; how to get information about suitable properties; how to make a request and how the relevant authority will deal with it. It also covers review and appeal procedures.

Executive Summary

Guidance for community bodies on the statutory asset transfer scheme, including what type of community bodies are eligible, who asset transfer requests can be made to, how to make a request, how the relevant authority will process it, and rights to review and appeal.

Part 5 of the Community Empowerment Act introduces a right for community bodies to make requests to all local authorities, Scottish Ministers and a wide-ranging list of public bodies, for any land or buildings they feel they could make better use of. They can request ownership, lease or other rights, as they wish. The Act requires those public authorities to transparently assess requests against a specified list of criteria, and to agree the request unless there are reasonable grounds for refusal.

The Act sets out the key rights and duties and provides a framework for the asset transfer process. Regulations and Orders set out more detailed arrangements for implementing the scheme.

The legislation comes into force on 23 January 2017.

This guidance sets out how community transfer bodies can make asset transfer requests, how they will be processed by relevant authorities and arrangements for review or appeal if necessary.