Community Empowerment Act

The Community Empowerment (Scotland) Act 2015 was given Royal Assent on 24th July 2015 and different parts of the Act will come into force at different times.  

Part 5 of the Community Empowerment Act introduces a right for community bodies to make requests to all local authorities, Scottish Ministers and a wide-ranging list of public bodies, for any land or buildings they feel they could make better use of.  They can request ownership, lease or other rights, as they wish.  

The Act requires those public authorities to transparently assess requests against a specified list of criteria, and to agree the request unless there are reasonable grounds for refusal. 

The Act sets out the key rights and duties and provides a framework for the asset transfer process.  Regulations and Orders set out more detailed arrangements for implementing the scheme.
 
The legislation came into force on 23 January 2017.
 
Guidance
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.  You can access the guidance notes here or download them below.
 
  • Asset Transfer Guidance for Relevant Authorities
  • Asset Transfer Guidance for Community Transfer Bodies
  • A summary guide is also available
Resources
A range of model forms and notices and case studies of previous asset transfer projects are also provided to accompany the Guidance.
 
More information on the introduction of the Act is available in the frequently asked questions section of the Scottish Government website.
 
Any comments or questions on the guidance can be sent to AssetTransferGuidance [at] gov [dot] scot   

Related Resources

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

Asset Transfer Route Map - Helping you on your 'asset transfer journey'

This new PDF has been developed by Community Ownership Support Service (COSS). It is used by COSS advisors to identify where you are in the process, as laid down in Part 5; Asset Transfer, in the Community Empowerment (Scotland) Act 2015. It helps to guide you through the steps along the way to achieving your goals.  Side one of the poster shows the four phases of the asset transfer process and signposts each phase of the journey.  Side two gives more detail and links to relevant information for each phase.

PDF icon Asset transfer route map web.pdf