Common good property: statutory guidance for local authorities

How local authorities should carry out the new legal duties imposed on them by Part 8 of the Community Empowerment (Scotland) Act 2015.

Chapter 3: Dealing with representations

1. The ability to provide views and comments (make representations) before the common good register is formally published ensures that individuals, community councils and other community bodies have an opportunity to make a case for property to be included in or excluded from the register.

How to make representations

2. When publishing the list of common good property, the local authority should clearly set out the process and timescale for making any representations.

3. All representations should be required to be made in writing, either by e-mail or by letter. It should also be made clear that all representations will be published (although personal details must be handled in accordance with the local authority’s data protection policy).

How to access representations

4. The local authority should publish all the representations it receives. All of these documents, whether paper copy or electronic, should be accessible from the same place as the list of property and, in due course, the common good register.

Responding to representations

5. The local authority should aim to consider and respond to representations within twelve weeks.

6. The final response(s) should be published alongside the original representation(s). Once the local authority has fully considered a representation, its decision will be final – unless significant new information comes to light or a court decides otherwise.

7. The local authority is not required to consider repeated representations in relation to the same asset when no new information is provided.


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