A review and/or appeals process has been included in the Act to ensure fair and equitable consideration by an independent party should disputes arise.
A community transfer body can seek a review or appeal if:
- The request is refused.
- The request is agreed, but the terms and conditions in the decision notice are significantly different from those in the request.
- No decision notice is issued within the required period.
The process depends on which relevant authority the request was made to.
- If the request was made to a local authority, the community transfer body can apply for an internal review by the authority. If the outcome of the review does not resolve the issue, or if no decision is made within the required period, the community transfer body can then appeal to Scottish Ministers.
- If the request is made to any other relevant authority, the community transfer body can appeal to Scottish Ministers.
- If the request is made to Scottish Ministers, the community transfer body can apply for a review by Ministers.
Appeals must be made in writing within 20 working days, beginning with:
- The date of the decision notice or
- If no decision has been made, within 20 working days beginning with the date of the deadline for the decision (6 months from the validation date, as given in the acknowledgement of the request, or a later date if agreed between you).
Scottish Government Guidance provides details of each process and how reviews and appeals willl be conducted.
A community transfer body can also appeal to Scottish Ministers if a request is agreed, but no contract is concluded within the required time limit.
In all cases the final decision lies with Scottish Ministers. There is no further route of appeal beyond them (except by judicial review).