GROW YOUR OWN WORKING GROUP (GYOWG)
The Scottish Government established and continues to support the Grow Your Own Working Group. The terms of reference for the group were to take forward the aspects of the National Food and Drink Policy ‘Recipe For Success’ relating to growing your own food, this included:
- Ensuring that allotments and ‘grow your own’ projects were strategically supported; and
- Producing practical advice and best practice guidance that would appeal to public bodies, communities and individuals to help them develop local ‘grow your own’ initiatives.
The group was set up in December 2009 and produced a Recommendations Report in February 2011. The report detailed 27 recommendations under 6 themes – planning, legal, skills, community land, guidance and funding.
The group continues to meet and is making good progress on delivering the recommendations. Recent successes have been the production of:
More information and minutes of GYOWG meetings can be found on the Grow Your Own Scotland website.
The Community Empowerment (Scotland) Bill was introduced to the Scottish Parliament in June 2014 and was passed by Parliament the following year. The Bill received Royal Assent (becoming an Act) on 24th July 2015.
The purpose of Part 9 of The 2015 Act is to update and simplify the legislation on allotments. Once brought into force, Part 9 will repeal the Allotments (Scotland) Act 1892 as amended by the Land Settlement (Scotland) Act 1919 and the Allotment (Scotland) Acts of 1922 and 1950.
The Tripartite-Group was established to develop constructive dialogue with stakeholders as well as monitoring in its early stages how Part 9 of the Community Empowerment (Scotland) Act 2015 is being implemented.
Terms of Reference
The 2015 Act brought forward a number of provisions that required secondary legislation – regulations - to be made before Part 9 of the Act may be brought into force. This secondary legislation relates to provisions for or in connection with:
compensation payable to tenants of allotments for disturbance on termination of the lease;
compensation payable by tenants to landlords for the deterioration of allotments;
and compensation payable to tenants of allotments for loss of crops where the allotment is resumed by the local authority.
The Scottish Government “Consultation on Allotments Compensation: Secondary Legislation under the Community Empowerment (Scotland) Act 2015” ran from 20 August 2015 to 16 October 2015.
Three stakeholder engagement events were also organised for Glasgow, Edinburgh and Inverness to.
Regarding compensation, key findings were:
- Deterioration: the most common view was this should only be paid where it is determined that the cause of deterioration lies clearly with the plot holder and should equate to the cost of taking remedial action to return the plot to the condition it was in at the start of the tenant’s lease.
- Loss of Crops: respondents felt that rather than focussing on monetary compensation, other forms of recompense should be considered, such as support in moving structures and crops to a new site.
Allotments Compensation Consultation: Report
Analysis of Responses
The 2015 Act also brought forward a requirement for Scottish Ministers to publish Guidance in relation to Part 9. It places a duty on local authorities to have regard to this Guidance when carrying out the functions conferred to them under Part 9.
A separate consultation will be taken forward in early to mid 2016 that will seek to determine the Guidance that local authorities must adhere to in relation to Part 9.
A Tripartite-Group was established in order to develop constructive dialogue with key stakeholders (LAs & Scottish Allotment and Garden Society) as well as to monitor how Part 9 is being implemented.
The Group meets quarterly and is accountable to the Cabinet Secretary for Environment, Climate Change and Land Reform.