Community Empowerment (Scotland) Act 2015 - part 5 asset transfer: findings report review

2. Methodology

2.1 Review aim

The aim of this review is to synthesise and present findings on the use and impact of asset transfer legislation over the last seven years by Relevant Authorities and Community Transfer Bodies. Findings are drawn from a wide range of evidence this review has gathered, which is summarised in the following review approach paragraph. Findings from this review will help inform what practical or statutory updates might be required for asset transfers to further empower communities. To address these aims, this review has considered three questions:

• Is Part 5 of the Community Empowerment (Scotland) Act 2015 being implemented as intended by Relevant Authorities?
• Is asset transfer legislation empowering Community Transfer Bodies to make a positive difference in Scotland’s communities?
• Are the appeals and reviews mechanisms working as intended?

2.2 Review Approach

This review was undertaken by the Scottish Government’s Public Service Reform Directorate. It draws on a range of sources including an independent evaluation of the first three years of asset transfer activity by Glasgow Caledonian University, a Community Empowerment: Taking Stock of Participation Requests and Asset Transfers Four Years On report from the previous session of the Scottish Parliament and findings from two conferences on asset transfers that were organised by Scottish Government and held in 2021.

Following the launch of the review in July 2022, evidence was gathered from COSS in 2023 who provided a report on the implementation of asset transfers and a further report from COSS that outlined findings from a COSS survey of individuals with experience of the asset transfer process they had conducted in 2023. The Scottish Government also hosted three community workshops in 2023 with COSS to gather views from Community Transfer Bodies, partners, and Relevant Authorities.

A key part of the process was gathering feedback from all Relevant Authorities who were invited to provide views in the 2022 and 2023 annual reporting templates issued by Scottish Government. Reports from the 16 appeals and one review that were submitted to Scottish Ministers for decision were also analysed by the Scottish Government. A UK wide Rural Assets: Policy and practice insights from the devolved nations report from Glasgow Caledonian University published in 2024 on rural communities experiences of land acquisition has also been also considered.

2.3 Review Limitations

Not all Relevant Authorities returned their annual reporting templates to the Scottish Government, and asset transfer activity information was not available on every Relevant Authority website. In addition, in the course of conducting this review, it became apparent that there are varying recording methods used by Relevant Authorities, and, furthermore, that decisions on asset transfers can span reporting years. Given these gaps and complications, it has not been possible to provide detailed quantitative breakdowns on asset transfer applications. Therefore, the method of collating data needs to be reviewed, to ensure the availability of robust data in the future.