Community Empowerment (Scotland) Act 2015: update and findings report

Approach

Methodology

Information is provided for 11 parts in the Act. However, this report has a particular focus on legislation which enhances community participation, community control of public assets and community planning following the Programme for Government commitments. Findings will help inform what practical or statutory changes might be required to further empower communities, particularly within the wider context of the 10 year public service reform programme and the Local Governance Review.

This report has been co-ordinated by the Scottish Government’s Public Service Reform Directorate with input from relevant policy leads across the Scottish Government for each part of the Act. Work on the review of Parts 3 and 5 was undertaken between August 2022 and October 2024, resulting in three reports including this summary update and findings report. Part 2 Community Planning forms another key part of this report and an in-depth update and overview of planned activity is provided. An overview of the report contents are provided below.

Two parts of the Act were extensively reviewed:

• Part 3: Participation Requests and Part 5: Asset Transfer and in-depth findings reports for each part are provided separately with summaries included in this report. Further details on the methodology for the review of each part are included within the relevant chapters

One part of the Act had an in depth assessment:

• Part 2: Community Planning was assessed by using the robust and thorough review undertaken in 2023 by the Local Government, Housing and Planning Committee post-legislative scrutiny of community planning, enhanced by engagement with CPPs

Three parts of the Act have been reviewed parallel to this findings and update report:

• Part 1: National Outcomes has been reviewed separately as the Act requires Ministers to review the National outcomes within 5 years of their publication. Work began on the review in May 2022 and further details on the revised National Performance Framework will be available in early 2025
• Part 4: Community Rights to Buy Land is subject to a review of all of the community rights to buy which commenced in the summer of 2024 and conclusions will be announced in December 2025
• Part 9: Allotments has been reviewed by working to support Local Authorities meet their legislative responsibilities as well as considering recommendations in 2022 from the Local Government Housing and Planning Committee

Five parts were not reviewed but an update on those parts are included within this report:

• Part 6: Delegation of Forestry Commissioners’ Functions provided an update to the 1967 Act which has since been superseded by the 2018 Act in relation to the Scottish Ministers’ forestry and land management functions. Therefore Part 6 of the 2015 Act is no longer relevant so a review was not required
• Part 7: Football Clubs has not been enacted and the Scottish Government has established a fan bank outwith legislation which is a loan funding scheme to help fan groups purchase a share in their local sports club
• Part 8: Common Good Property has received feedback from a report of the Scottish Land Commission and more recently from the consultation on Community Wealth Building in 2023. The Scottish Government reviews the operation of Common Good statutory requirements on an ongoing basis and a focused review as part of this report was not undertaken
• Part 10: Participation in Public Decision-Making has not been enacted as the use of participatory budgeting and other participatory democracy methods across Scotland has grown outwith legislation
• Part 11: Non-Domestic Rates introduced wide-ranging local relief-making powers for Local Authorities which are well used and therefore did not need a review