Community Empowerment (Scotland) Act 2015: asset transfer guidance for authorities

2. Status of this guidance

2.1. Part 5 of the Community Empowerment (Scotland) Act 2015 sets out the key rights and duties and provides a framework for the asset transfer process. It is supported by the following regulations which fill in more detail of the procedures to be followed:

• The Asset Transfer Request (Procedure) (Scotland) Regulations 2016
• The Asset Transfer Request (Appeals) (Scotland) Regulations 2016
• The Asset Transfer Request (Review Procedure) (Scotland) Regulations 2016
• The Asset Transfer Request (Appeal Where No Contract Concluded) (Scotland) Regulations 2016
• The Community Empowerment (Registers of Land) (Scotland) Regulations 2016
• The Community Empowerment (Miscellaneous Amendments) (Scotland) Regulations 2016 (these make corrections and clarifications to the wording of the other Regulations).

2.2. The text of the Act is available at http://www.legislation.gov.uk/asp/2015/6/part/5. The text of the Regulations is also available at www.legislation.gov.uk, indicative amended versions are provided on the Scottish Government website.

2.3. Part 5 of the Act and the Regulations came into force on 23 January 2017.

2.4. This document constitutes guidance under section 96 of the Act, which relevant authorities are required to have regard to in carrying out their functions in relation to asset transfer. It has been developed in discussion with a steering group and short life working group of stakeholders, listed in Annexes A and B, and takes account of comments made in response to the consultation on draft regulations conducted from 17 March to 20 June 2016. Discussions with stakeholders at many meetings and events during development of the Bill and since the Act was passed have also informed the guidance, and we are grateful to everyone for their help.

2.5. Separate guidance is provided for community transfer bodies, and you may sometimes find it helpful to refer to that as well. Both versions cover the whole process, but focus on the points where each party has to take action - for example, there is more guidance for community transfer bodies on completing the request form, and more for relevant authorities on the acknowledgement and notices they have to issue following receipt of a request.

2.6. More information about the development of the Act and its implementation can be found on the Scottish Government website at http://www.gov.scot/Topics/People/engage/CommEmpowerBill

2.7. Any comments, questions or suggestions about this guidance may be sent to assettransferguidance@gov.scot