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

5. Conclusion and Next Steps

This report has provided findings from a review of the implementation of asset transfer legislation by Relevant Authorities, explores the impact it is having on communities, and assesses if appeals and review mechanisms are working as intended. The review has attempted to gather as much information as possible from a variety of sources including Relevant Authorities, Community Transfer Bodies, COSS, appeals and review reports provided from independent Reporters and finally, considered findings from a UK report on rural assets undertaken separately and independently of this review.

A key part of this review was analysing asset transfer activity since the legislation was introduced on 23 January 2017 and collating as much data as possible from Relevant Authority websites and completed annual reporting templates. In the course of conducting the review it became apparent that low reporting compliance, the varying recording methods used by Relevant Authorities and the fact that decisions on asset transfers can span reporting years, has made asset transfer activity data very challenging to collate. Given these gaps and complications it has not been possible to provide detailed quantitative breakdowns on asset transfer applications and their outcomes. More work needs done to collate robust quantitative asset transfer data to better understand its impact.

However, the qualitative data provided as part of this review found that the legislation has shifted the balance of power towards communities as it has provided Community Transfer Bodies with a more prominent, rights supported route to the use of public land and buildings. It has also provided a more level playing field and greater consistency of approach nationally, across all of the different public sector providers listed as Relevant Authorities. This has created greater transparency of process and provided communities with more awareness of the availability of public assets outwith Local Authority assets alone. The review found more robust Relevant Authority asset register information would be beneficial to help communities identify assets that may be available as required by asset transfer legislation. The challenge of securing funding at post-acquisition stage was highlighted as one of the most important issues to resolve if asset transfer ambitions are to be realised.

The review found that the asset transfer process can be complex and time consuming for both Relevant Authorities and Community Transfer Bodies and that expert advice provided by COSS is valued.

This review has highlighted how a central model of support to help local community groups engage with the asset transfer process can yield positive results for groups who may benefit from a more structured approach. Opportunities to share learning from the Barmulloch Hub and Spoke Model should be explored to enable Relevant Authorities consider adapting local versions across Scotland to help address inequalities.

Insights have also been gained from the appeal and review reports provided by the Reporters and independent panel, providing helpful learning not previously available that acknowledges the uniqueness of asset transfers and includes some suggestions for procedural improvements. The review has found that the appeals and reviews process is working well. At the time of publishing this report, numbers submitted remain low with 16 appeals and one review received since 2017, and the majority of those requests were upheld.

In response to the findings of this review, the Scottish Government will:

• Refresh the remit and membership of the National Asset Transfer Action Group to consider the key findings of this report
• Work collaboratively with Relevant Authorities, Community Transfer Bodies, the refreshed National Asset Transfer Action Group and key stakeholders including COSS, to explore options to strengthen the operation of asset transfers including considering proposals to update the statutory guidance
• Work with Relevant Authorities, COSLA, the refreshed National Asset Transfer Action Group and key stakeholders including COSS to explore options for gathering accurate and robust asset transfer data - including information on assets transferred into community ownership (asset type and area)
• Consider the value of independently evaluating the impact of community asset transfer ownership or lease on local communities and how this is contributing to community empowerment and public service reform