Community Empowerment (Scotland) Act 2015 - asset transfers: social value guidance

5. Asset Transfer Decision Making Process

5.1 Part 5 of the Community Empowerment (Scotland) Act 2015 allows a community transfer body to make an asset transfer request to a relevant authority. A request can be made in relation to any land or building which is owned or leased by the relevant authority. The community transfer body can ask to buy or lease the land, or to have other rights, for example to occupy or use the land for a particular purpose. There is a process for the relevant authority to acknowledge the request, notify others who may be interested, and allow them to make representations, which is explained in full in chapter 9 of our published statutory guidance for relevant authorities.

5.2 When the price offered in an asset transfer request is less than the market value of the property, the relevant authority will need to consider whether the proposed benefits to be delivered by the community transfer body justify the proposed discount (which will be accounted for as a "gift"). This will be based solely on the analysis of the information included in the request. The benefits of the request should be proportionate to the value of the asset and the level of discount, with an appropriate level of information to support the application. Any decision to transfer an asset must represent good use of public resources.