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

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

Monday, January 23, 2017

ISBN: 9781786527493

A step-by-step guide for relevant authorities on the requirements for dealing with asset transfer requests, including who can make a request; registers of land and provision of information; procedures for processing requests and matters to be considered in making a decision. It also covers review and appeal procedures.

Executive Summary

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 statutory guidance sets out the requirements of the Act for relevant authorities in processing and making decisions on asset transfer requests, and arrangements for review or appeal if necessary.