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

6. Relevant Authorities - who can an asset transfer request be made to?

6.1. Asset transfer requests can be made to any "relevant authority". Relevant authorities are listed in schedule 3 to the Act, or can be designated by order (see below). They are:

• Local authorities
• Scottish Ministers (including agencies such as Forest Enterprise Scotland and Transport Scotland)
• Crofting Commission
• Further Education colleges which are "incorporated colleges"
• Health Boards, both regional and Special Health Boards
• Highlands and Islands Enterprise
• Historic Environment Scotland
• National Park Authorities (Cairngorms and Loch Lomond and Trossachs)
• Regional Transport Partnerships
• Scottish Canals
• Scottish Courts and Tribunals Service
• Scottish Enterprise
• Scottish Environment Protection Agency
• Scottish Fire and Rescue Service
• Scottish Natural Heritage
• Scottish Police Authority (who own all land and buildings used by Police Scotland)
• Scottish Water

6.2. Links to information for each relevant authority will be provided on the Scottish Government website.

6.3. Section 78 of the Act says that the Scottish Ministers can add new relevant authorities or can remove relevant authorities or amend the list, for example if an organisation changes its name. Organisations which are not already on the list in Schedule 3 can only be designated as a relevant authority if they are:

• a part of the Scottish Administration
• a Scottish public authority with mixed functions or no reserved functions, or
• a publicly-owned company - this means any corporate body which is wholly owned by one or more relevant authorities already on the list.

This covers most public bodies and officers who deal with matters which are devolved to the Scottish Parliament.

6.4. Historic Environment Scotland has been designated as a relevant authority.

6.5. UK Government departments and agencies cannot be listed as relevant authorities, nor can private or voluntary sector organisations. For example, people have asked whether the Ministry of Defence, Network Rail or the National Trust for Scotland could be included. The Act does not allow any of these to be listed as relevant authorities.