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 C: Section 104: Disposal and use of common good property: consultation

(1) Subsection (2) applies where a local authority is considering—

(a) disposing of any property which is held by the authority as part of the common good, or

(b) changing the use to which any such property is put.

(2) Before taking any decision to dispose of, or change the use of, such property the local authority must publish details about the proposed disposal or, as the case may be, the use to which the authority proposes to put the property.

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

(4) On publishing details about its proposals 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 proposals.

(5) The bodies are—

(a) where the local authority is Aberdeen City Council, Dundee City Council, the City of Edinburgh Council or Glasgow City Council, any community council established for the local authority's area,

(b) where the local authority is any other council, any community council whose area consists of or includes the area, or part of the area, to which the property mentioned in subsection (1) related prior to 16 May 1975, and

(c) any community body that is known by the authority to have an interest in the property.

(6) In deciding whether or not to dispose of any property held by a local authority as part of the common good, or to change the use to which any such property is put, the 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 its proposals published under subsection (2).

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


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