Relevant Authority Policies

Relevant Authority Policies

The Community Empowerment (Scotland) Act 2015, associated regulations and guidance notes are the process that all relevant authorities should follow with regard to Asset Transfer.  Many relevant authorities have developed their own internal processes for receiving and assessing Asset Transfer Requests under the legislation.  These are usually published on the website of the authority alongside the required electronic availability of asset registers

Community organisations should ensure that they read, and understand, the detail of the Act and the Scottish Government’s guidance notes (see link below) to be clear about the rights they have in regard to asset transfer.  They should also read the relevant authority’s policy and follow their requests for information in certain format if they feel it fits with the requirements of the act appropriately. However, it is advisable to enter discussions with the owning authority at an early stage to gather appropriate information about the asset of interest. 

Communities should be aware that they are able to submit an Asset Transfer Request for any asset owned by a public body whether it is deemed available for disposal or not.  Relevant authorities must assess every eligible request and agree to the request unless there are suitable grounds for refusal.

Provided an eligible community transfer body follow the requirements as set out in the Act, it is not a requirement that they enter a request under the conditions of any authority’s policy but if they do not refer to thier asset transfer policy, it may be more difficult for a request to be assessed and a positive outcome reached.

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

Asset Transfer Guidance for Relevant Authorities

This guidance has been developed for relevant authorities.  Relevant authorities are required to have regard to guidance issued by the Scottish Ministers in carrying out their functions in relation to asset transfer.

PDF icon Asset Transfer RA Guidance Notes.pdf