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Development of Regulations

A lot of regulations and guidance are needed to fill in the detail of how the asset transfer scheme set out in Part 5 of the Community Empowerment (Scotland) Act 2015 will work in practice.

The Scottish Government formed a small steering group to help with this process, bringing together people with experience of asset transfer from both the community sector and public sector perspectives.

Read about the membership and purpose of the steering group.

Notes of the steering group meetings.

A consultation paper on draft regulations for asset transfer sought views on the detailed procedures for making and dealing with asset transfer requests. A summary guide to the consultation outlines the details of consultation which closed on 20 June 2016. 

You can read details of the consultation online at https://consult.scotland.gov.uk/community-empowerment-unit/asset-transfer-procedures

The consultation paper outlined the requirements of the Act and gives advice on good practice. Relevant authorities were encouraged to use this information to start developing their asset transfer schemes, or amending existing schemes, in advance of the regulations being finalised.

Valuation and assessment of non-financial benefits

The price to be paid for an asset is a key issue for both relevant authorities and community bodies.  The Act does not say how much should be paid, whether it should be at market value or at a discount.  We have established a Short-Life Working Group, including a wider range of people than the Steering Group, to help develop guidance on valuation and how to assess the non-financial benefits offered by community proposals. 

Read about the membership and purpose of the Short-Life Working Group

Notes of the Short Life Working Group’s meetings.

John Swinney, Deputy First Minister and Cabinet Secretary for Finance, Constitution and the Economy, sent a message to the first meeting of the Short-Life Working Group, emphasising the importance of these issues.

Read the Deputy First Minister’s message.