Ownership Eligibility

Eligibility for Ownership

For ownership, the community transfer body has to be a "community controlled body" as designated under section 19 of the act (see eligibility for lease) AND a "community transfer body" as designated under section 80 of the act which makes them “a community transfer body eligible to make an asset transfer request for ownership”. Section 80 states they should be: 

  • A Scottish Charitable Incorporated Organisation (SCIO) the constitution of which includes provision that the organisation must have not fewer than 20 members; or
  • A Community Benefit Society (BenCom) the registered rules of which include provision that the society must have not fewer than 20 members; or
  • a company the articles of association of which include provision that:

    (a) the company must have not fewer than 20 members; and

(b) on the winding up of the company and after satisfaction of its liabilities, its property (including any land, and any rights in relation to land, acquired by it as a result of an asset transfer request under this Part) passes—

(i) to another community transfer body, 

(ii) to a charity

(iii) to such community body (within the meaning of section 34 of the Land Reform (Scotland) Act 2003) as may be approved by the Scottish Ministers

(iv) to such crofting community body (within the meaning of section 71 of that Act) as may be so approved, or

(v) if no such community body or crofting community body is so approved, to the Scottish Ministers or to such charity as the Scottish Ministers may direct.

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