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Publication - Guidance

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

Published: 10 Nov 2016
Part of:
Communities and third sector
ISBN:
9781786525925

Guidance for public sector bodies on the statutory asset transfer scheme.

95 page PDF

771.8kB

95 page PDF

771.8kB

Contents
Community Empowerment (Scotland) Act 2015: draft asset transfer guidance for authorities
Page 0

95 page PDF

771.8kB

ISBN 978 1 78652 592 5
PPDAS 82591

This document is also available in pdf format (761 KB)

Contents

1. Introduction

2. Status of this guidance

3. Getting started

Assets and services

4. Summary of asset transfer under the Community Empowerment Act

5. Community Transfer Bodies
Requirements for a community controlled body
Communities of interest
Designation
Bodies eligible for Community Rights to Buy

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

7. Helping community bodies to identify suitable assets
Register of land
Land which need not be included in the register
Information about each property
Publishing the register
Enquiries about land
Further information about land

8. Requirements for an Asset Transfer Request
Content of a request
Guidance on the requirements for making an asset transfer request
Signatures

9. Procedure following receipt of an asset transfer request
Power to decline repeat requests
Acknowledgement
Publication of documents
Notification and representations
Prohibition on disposal of land
Multiple requests for the same property

10. Decision-making process
Matters to be considered
Benefits
Ability to deliver
Relevant authority's functions
Obligations and restrictions
"Other matters" and community support
Lease restrictions

11. Price, Valuation and Non-financial benefits
State Aid Considerations

12. Obtaining a joint valuation of the asset
What is "market value"?
When should the valuation be undertaken?
Who should value the property?
How should the valuation be instructed?
The basis of value
Suggested Template for joint letter of instruction to assess value of asset subject to Asset Transfer

13. Assessing asset transfer requests
Introduction
Criteria for Assessing Requests
Considering the Request
Asset Transfer Request Recommendation

14. Use of conditions to protect discount
Mechanisms used
Proportionality
Collaboration and monitoring

15. Decision notice
Notification and Publishing

16. After Agreement
Community Transfer Body's Offer
Conclusion of contract
No contract concluded
Application to Scottish Ministers for an extension

17. Reviews and Appeals - Introduction

18. Local authority review
Application for review and acknowledgement
Notification of interested parties
Further representations
Hearing session rules
Additional evidence
Decision

19. Appeal to the Scottish Ministers
Notice of appeal and local authority response
Notification of interested parties
Further representations
Hearing session rules
Additional evidence
Decision

20. Appeals where no contract is concluded
Notice of appeal and relevant authority response
Further representations
Hearing session rules
Additional evidence
Decision
Offer, Conclusion of Contract and Directions

21. Reporting

Annex A: Asset Transfer Implementation Steering Group

Annex B: Short-Life Working Group on Valuation and Assessment of Non-Financial Benefits

Annex C: Useful Websites


Contact

Email: Jean Waddie

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG