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 gives the Scottish Ministers powers to make regulations to fill in more detail of the procedures to be followed. The following regulations have been laid in the Scottish Parliament for scrutiny:
- 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
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 will also be available at www.legislation.gov.uk , or through www.scottish.parliament.uk .
2.3. Subject to the agreement of the Parliament, Part 5 of the Act and the Regulations will come into force on 23 January 2017.
2.4. This guidance 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 relevant authorities, and you may sometimes find it helpful to refer to that as well. Relevant authorities are required, under section 96 of the Act, to have regard to guidance issued by the Scottish Ministers in carrying out their functions relating to asset transfer. Both versions of the guidance 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. This guidance is published as a "draft final" version. The statutory requirements and procedures are now fixed (subject to approval by the Scottish Parliament), and the recommended approach reflects best practice as discussed with both public sector and community sector stakeholders with experience of asset transfer. However, there is still flexibility to adjust the wording to make the guidance clearer. Please send any comments, questions and suggestions to email@example.com . Final guidance will be published when the legislation comes into force.
2.7. 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
Email: Jean Waddie
Phone: 0300 244 4000 – Central Enquiry Unit
The Scottish Government
St Andrew's House