Community empowerment and common good property: consultation on draft guidance

Consultation on guidance for local authorities on how to fulfil the requirements of the Community Empowerment (Scotland) Act 2015.


Chapter 4 - Publishing the Common Good register

1. Local authorities should aim to publish the first version of their Common Good register as soon as practicable after the initial eight week consultation period has closed, and in any case within six months of the end of the consultation.

2. In cases where there have been numerous or particularly complex representations and a local authority is still carrying out investigations, a note should be added to the register to that effect. A covering note to the Register should make clear that some representations are still being followed up and there should be an indication of when these investigations are likely to be completed and a new version of the register made available. This should maintain transparency while still allowing local authorities to properly investigate complex cases.

QUESTION 6: What are your views on the timescale for publishing the Common Good register?

QUESTION 7: Do you agree or disagree with the proposals to publish the register even when some items on it are not yet confirmed?

Access to the register

3. The public must be able to inspect the Common Good register free of charge, and the document must be available electronically, ideally on the local authority website.

4. Local authorities should ensure that their Common Good register is easy to find and has clear instructions for use. They must also be ready to provide information from the register in alternative languages and formats if requested, to meet equality requirements. It is not necessary to produce a full paper version of the register, although this may be the preferred option for some local authorities. Alternatives could be, for example, to enable people to use the register on a computer at a public enquiry office, or to send out printed extracts in response to telephone enquiries.

Review

5. Common Good registers should be considered to be "living documents" and local authorities should revise their register if new Common Good assets are identified or if existing assets are disposed of or re-classified. It is also good practice to review the register at regular intervals, such as at the same time as the register of common good assets for accounting purposes (which is usually carried out annually). The process and timescale for review of the Common Good register should be made clear, along with the date of the last update.

QUESTION 8: What are your views on reviewing the common good register annually?

Contact

Email: Common Good Guidance Consultation, CGConsultation@gov.scot

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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