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Publication - Consultation paper

Allotments guidance for local authorities: consultation

Published: 25 Jun 2018
Part of:
Communities and third sector, Public sector
ISBN:
9781787810044

Consultation on draft statutory guidance for local authorities relating to certain sections of Part 9 of the Community Empowerment (Scotland) Act 2015 - Allotments.

Contents
Allotments guidance for local authorities: consultation
2. Section 111 – Duty to maintain list

2. Section 111 – Duty to maintain list

Legislative background

2.1 Section 111 places a duty on local authorities to produce and manage a waiting list in relation to the requests it receives to lease an allotment that the authority owns or leases.

2.2 Where a request is submitted jointly, this should be regarded as a single request for the purpose of the waiting list and the first named person on the request should be considered the lead person (and will count as one person for the purposes of the duty to provide allotments in section 112) .

Section guidance

2.3 If two or more persons have submitted a joint application and that application has been added to the waiting list in the name of the lead person, should the lead person withdraw from that application, the application should remain on the waiting list and the name of the lead person should be changed to the name of the second applicant. A further second applicant cannot be added to the application and the application will no longer be a joint application.

2.4 The form of the list is to be determined by the local authorities and they can manage the list as they see fit. They may, for example, wish to split the list into applicants' preferred geographical areas. The list should, however, include the following:

  • Name of lead person;
  • Address and other contact details of lead person;
  • Name of second applicant, if relevant;
  • Special requirements;
  • Size of allotment requested, if specified;
  • Information about distance from nearby allotment sites;
  • Date added to the list.

2.5 Local authorities are permitted, should they agree to such a request, to delegate their duty to maintain the waiting list as set out in section 123. Even when delegated to another body, the duty to maintain the waiting list remains with the local authority. The local authority must therefore, in agreeing to the delegation request, be completely satisfied that the person or body to whom management of the waiting list is to be delegated is fully able to fulfil the local authority's duties as set out in section 111.

2.6 A person's name and the details of their request must be removed from the list when their request to lease an allotment is agreed to, or if the person withdraws their request.

2.7 Section 111 of the Act applies only to requests for an allotment within the meaning of section 107, made to a local authority. Section 111, and therefore this guidance, do not apply to requests for a plot outwith the meaning of section 107, made to other organisations, such as independent allotment associations. This guidance therefore only applies to requests made to a local authority to lease an allotment owned or leased by the local authority from that authority, or to sub-lease an allotment from a tenant of the authority.

2.8 Local authorities may liaise with other stakeholders such as allotment associations to gather data surrounding requests for a plot outwith the definition of an allotment under section 107 (ie. not local authority land) made to such associations. Such activity is, however, outwith the scope of this guidance.

2.9 Where practicable, local authorities should give consideration to using an online application process to receive and manage applications for allotments.

2.10 There are no reasons or circumstances in which local authorities should consider closing their waiting lists to new applicants.

2.11 Local authorities, as data controllers in their own right, will have regard to data protection laws when managing their waiting lists.

Question 3 Is section 111 of the statutory guidance clear and understandable, to allow the local authority to deliver its statutory obligations under Part 9?

Yes
No

If no, i.e. you consider that the guidance is not clear and understandable, please tell us why you think this, and how it needs to be improved. Please include the relevant paragraph numbers in your response.

Question 3 comments:

Question 4 Are there any gaps or omissions in section 111 of the statutory guidance?

Yes
No

If yes, i.e. you consider that there are gaps or omissions, please tell us what you think is missing. If appropriate, please include the relevant paragraph numbers in your response.

Question 4 comments:


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