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.

Annex B: Section 102: Common good registers

(1) Each local authority must establish and maintain a register of property which is held by the authority as part of the common good (a “common good register”).

(2) Before establishing a common good register, a local authority must publish a list of property that it proposes to include in the register.

(3) The list may be published in such a way as the local authority may determine.

(4) On publishing a list under subsection (2), the local authority must—

(a) notify the bodies mentioned in subsection (5) of the publication, and

(b) invite those bodies to make representations in respect of the list.

(5) The bodies are—

(a) any community council established for the local authority's area, and

(b) any community body of which the authority is aware.

(6) In establishing a common good register, a local authority must have regard to—

(a) any representations made under subsection (4)(b) by a body mentioned in subsection (5), and

(b) any representations made by other persons in respect of the list published under subsection (2).

(7) Representations as mentioned in subsection (6) may in particular be made in relation to—

(a) whether property proposed to be included in the register is part of the common good,

(b) the identification of other property which, in the opinion of the body or person making the representation, is part of the common good.

(8) A local authority must—

(a) make arrangements to enable members of the public to inspect, free of charge, its common good register at reasonable times and at such places as the authority may determine, and

(b) make its common good register available on a website, or by other electronic means, to members of the public.

( The Community Empowerment (Scotland) Act 2015, Part 8 Common Good Property)


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