Appeals process

It is important to have an appeals process in place for the community as laid down in the legislation:

  • Details should be provided on how the appeal with be assessed and by whom.
  • For Local Authorities appeals should first be carried out as an independent review by a group not involved in the original decision making group. 
  • For all other Relevant Authorities and in the case of a local authority review being appealed then appeals will go to the Scottish Ministers.

The appeals process (or review in relation to local authorities) is legislated for by way of Regulations as laid down by the Scottish Ministers as part of the Community Empowerment (Scotland) Act 2015 and detailed in sections 17 to 20 in the guidance notes. 

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 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