Lease or Management

Eligibility for Lease or Management

Community Organisation Eligibility

To become eligible for any form of asset transfer a group needs to be considered to be a "community transfer body".  Distinction is made between which type of body can request an asset transfer on the basis of :

  • ownership; and
  • lease or eg management.

For lease, management and other rights, the group has to be:

  •  Community-Controlled Body under section 19 of the act which means a body (whether corporate or unincorporated) which has a written constitution that includes the following—

(a) a definition of the community to which the body relates;

(b) provision that the majority of the members of the body consists of members of that community;

(c) provision that the members of the body, who consist of members of that community, have control of the body;

(d) provision that membership of the body is open to any member of that community;

(e) a statement of the body's aims and purposes, including the promotion of a benefit for that community; and

(f) provision that any surplus funds or assets of the body are to be applied for the benefit of that  community.

Related Resources

Community Empowerment (Scotland) Act 2015

The detail of the Act in full.  This should be used to relate the Asset Transfer Guidance Notes from the Scottish Government to the specific sections referred to within the Act.
 
PDF icon CEA in full.pdf

Asset Transfer Guidance for Community Transfer Bodies

This 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.

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.

PDF icon Asset Transfer CTB Guidance Notes.pdf