Asset transfer guidance and implementation

Part 5 of the Community Empowerment (Scotland) Act, on asset transfer is now in force, and accompanying guidance is available to download. 

Part 5 of the Community Empowerment Act introduces a right for community bodies to make requests to all local authorities, Scottish Ministers and a wide-ranging list of public bodies, for any land or buildings they feel they 

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could make better use of.  They can request ownership, lease or other rights, as they wish.  The Act requires those public authorities to transparently assess requests against a specified list of criteria, and to agree the request unless there are reasonable grounds for refusal. 

The Act sets out the key rights and duties and provides a framework for the asset transfer process.  Regulations and Orders set out more detailed arrangements for implementing the scheme.

The legislation came into force on 23 January 2017.

Guidance

Guidance has been developed for both relevant authorities and community bodies.  Relevant authorities are required to have regard to guidance issued by the Scottish Ministers in carrying out their functions in relation to asset transfer.

A summary guide is also available