Community Empowerment (Scotland) Act 2015: consultation on guidance for local authorities

Consultation on guidance for local authorities regarding legislation on community empowerment and allotments.

The Consultation

Further Guidance for Local Authorities

Much of Part 9 will not require further guidance as the wording needs no further explanation or expansion. The consultation focuses on those sections describing functions which may benefit from guidance. Note that the power of the Scottish Ministers to issue guidance, and the duty for local authorities to have regard to it, is specifically linked to local authority functions in Part 9. We are not proposing to issue non-statutory guidance covering other aspects of Part 9.

For this reason, the consultation looks at sections:

  • 110. Offer to lease allotment.
  • 111. Duty to maintain list.
  • 112. Duty to provide allotments.
  • 114. Access to allotment and allotment site.
  • 115. Allotment site regulations.
  • 116. Allotment site regulations: further provision.
  • 119. Duty to prepare food-growing strategy.
  • 120. Duty to review food-growing strategy.
  • 123. Delegation of management of allotment sites.
  • 124. Promotion and use of allotments: expenditure.

You will be presented with a proposed statement under each of the above sections and asked to what extent you agree with that statement. Each statement sets out the proposed wording of the guidance.

There will be an opportunity at the end of the consultation to feedback your views on whether other sections could benefit from guidance.

Responding to the Consultation

The consultation is taking place over a 12 week period. The consultation will close on 17 November 2017.

We have provided a ' Respondent Information Form', that asks information about you or your organisation and 'Response Form', that lists the questions associated with this consultation. It is very important that the ' Respondent Information Form', - the first page of the form - is returned along with your response as this will ensure that we handle your response appropriately.

You may answer as many of the questions detailed in the ' Response Form', as you want; there is no need to answer them all. Everything you tell us will help us know what you think about what should be included in further guidance for local authorities when carrying out their new functions under Part 9 of the Community Empowerment (Scotland) Act 2015.

We are inviting written and online responses to this consultation paper. The consultation closes on Friday 17 November 2017.

We are happy to accept your answers either on the completed form or on a separate piece of paper. Once again, please ensure that the 'Respondent Information Form', - the first page of this form - is sent to us along with your response.

The consultation can be accessed online at:

Respondent Information Form and Consultation Response Form

The Respondent Information Form and Consultation Questionnaire are available in MS Word format (113KB)


Email: Robin MacLean,

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road

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