Allotments guidance for local authorities: consultation

Consultation on draft statutory guidance for local authorities relating to certain sections of Part 9 of the Community Empowerment (Scotland) Act 2015 - Allotments.

Section 1 – Context
7. The Community Empowerment (Scotland) Act 2015

Updating Allotments Legislation

7.1 The Community Empowerment (Scotland) Bill ("the Bill") was introduced to Parliament on June 11, 2014. Part 9 of the Bill consisted of proposals to update and modify allotments legislation. Part 9 of the Bill was developed through discussions with stakeholders in the wider public, private, third and community sectors and consultations.

7.2 The Bill, including the Part 9 proposals to update and modify allotments legislation, was passed by Parliament in June 2015, becoming the Community Empowerment (Scotland) Act 2015 ("the Act") [9] .


7.3 The Scottish Government is committed to communities being supported to do things for themselves ( i.e. community empowerment), and to people having their voices heard in the planning and delivery of services ( i.e. community engagement and participation).

7.4 Part 9 of the Act outlines communities' rights, and the corresponding duties and responsibilities of local authorities, in relation to allotments.

7.5 The Act repeals allotments legislation dating from 1892, simplifies provisions and acknowledges and endorses the rising interest in community growing – both on allotments and through other Grow-Your-Own ( GYO) models, recognising the multiple benefits it can offer.

7.6 For allotment growing specifically, allotments are described in the Act as 'land owned or leased by a local authority for use by people to grow vegetables, fruit, herbs or flowers on a non-profit basis'. [10]

7.7 The Act offers added protection for allotments. Allotment sites owned or leased by the local authority cannot be sold, their use changed or, in the case of leased sites, lease renounced without the consent of Scottish Ministers. Privately leased or owned allotment sites are outwith the scope of the Act, and therefore this food-growing strategy ( FGS) guidance.


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