Community Empowerment (Scotland) Act 2015: update and findings report
Findings of in-depth reviews of Part 3, Participation Requests and Part 5, Asset Transfer of the Community Empowerment (Scotland) Act 2015; an assessment of the implementation of Part 2, Community Planning; and an update on all the other parts of the Act.
Annex A
Summary of the Community Empowerment (Scotland) Act 2015
Title & Date Implemented: Part 1: National outcomes - Implemented 15 April 2016
Summary of what it covers: Scottish Ministers have a duty to determine a set of national outcomes for Scotland, which builds on the ‘Scotland Performs’ framework.
Title & Date Implemented: Part 2: Community Planning - Implemented 20 December 2016
Summary of what it covers: Places Community Planning Partnerships (CPPs) on a statutory footing and imposes duties on community planning (CP) partners around planning and delivery of local outcomes.
Title & Date Implemented: Part 3: Participation Requests - Implemented 1 April 2017
Summary of what it covers: Participation Requests provides a mechanism for communities to seek dialogue with public service providers on their own terms, when they feel they can help to improve outcomes. It gives them a right to be heard. Participation requests are focused on extending and improving community participation in improving outcomes for their community.
Title & Date Implemented: Part 4: Community Right to Buy Land – Implemented 15 April 2016
Summary of what it covers: Extends the community right to buy (CRTB) to all of Scotland and introduces a new provision for community bodies to purchase neglected, abandoned or detrimental land where the owner is not willing to sell that land. It introduces a range of measures to amend, and in some areas simplify, the crofting community right to buy. It introduces a provision for community bodies to purchase land which is abandoned, neglected or causing harm to the environmental wellbeing of the community, where the owner is not willing to sell that land.
Title & Date Implemented: Part 5: Asset Transfer – Implemented 23 January 2017
Summary of what it covers: Provides community bodies a right to request to purchase, lease, manage or use public land and buildings. There will be a presumption of agreement to requests unless there are reasonable grounds for refusal. Reducing inequalities will be a factor for public authorities to consider when making a decision.
Title & Date Implemented: Part 6: Delegation of Forestry Commission’s Functions – Implemented 23 January 2017
Summary of what it covers: Amend the meaning of ‘community body’ in the Forestry Act 1967, in relation to the delegation of the Forestry Commissioner’s Function.
Title & Date Implemented: Part 7: Football Clubs - Not Implemented
Summary of what it covers: Provides powers for the Scottish Minister to make regulations which facilitate supporters of a football club being involved in the decision making of the club they support or to become owners of the club they support.
Title & Date Implemented: Part 8: Common Good Property came into force, in part, on 13 November 2015, with the remainder coming into force on 27 June 2018
Summary of what it covers: Places a statutory duty on Local Authorities to establish and maintain a register of all property held by them for the common good and publish their proposals and consult community bodies before disposing of or changing the use of common good assets.
Title & Date Implemented: Part 9: Allotments – Implemented 1 April 2018
Summary of what it covers: Updates and simplifies legislation on allotments. It requires Local Authorities to take reasonable steps to provide more allotments if waiting lists exceed certain trigger points and ensures appropriate protection for Local Authorities and plot-holders.
Title & Date Implemented: Part 10: Participation in Public Decision Making - Not Implemented
Summary of what it covers: Provides a power for Scottish Ministers to make regulations to promote or facilitate participation in public decision-making, including in decisions on the allocation of resources.
Title & Date Implemented: Part 11: Non-domestic rates – Implemented 31 October 2015
Summary of what it covers: Inserts a new section in the Local Government (Financial Provisions etc.) (Scotland) Act 1962. This provides a new power to allow councils to create and fund their own localised non-domestic rates relief schemes to better reflect local needs and support communities.
Title & Date Implemented: Part 12: General - not implemented
Summary of what it covers: Makes general provisions in relation to the Act. The guidance developed for each Part of the Act has been published in accordance with Part 12. Additional regulations have not yet been introduced.