Content of an Asset Transfer Request
The legislation requires certain information to be specified in an asset transfer request. Below is the list of requirements as laid down in the act.
For points (k) to (o) below, covering information on areas such as the benefits of the request and how it is to be funded, only outline information is required to accept an asset transfer request as complete and valid. The relevant authority can seek further detail during the process, and the community transfer body may provide additional information, in particular in response to any representations made about the request. The relevant authority may decide to refuse the request if it does not feel it has sufficient information on the proposals. The level of detail required should be proportionate to the scale and nature of the request, but the community transfer body should always be given the opportunity to provide any missing information which is considered to be key to the decision.
This is set out in section 79(4) of the Act and regulation 3 of the Asset Transfer Requests (Procedure) (Scotland) Regulations 2016. In terms of regulation 5 of the Procedure Regulations, an asset transfer request is not treated as having been made until all the required information is received by the relevant authority.
A model form for an asset transfer request is provided on the Scottish Government website. This is intended to help community transfer bodies to make sure they provide all the information needed for a valid request, but is not statutory. A relevant authority could provide an alternative tailored form, which may ask for additional information specific to that organisation, but cannot require a community transfer body to use any particular form. The only requirement is that they provide all the information specified in the Act and Regulations.
An asset transfer request must be made in writing and must:
A] state that it is an asset transfer request made under Part 5 of the Community Empowerment (Scotland) Act 2015
B] contain the name and contact address of the community transfer body
C] be accompanied by a copy of the constitution of the community transfer body
D] if the request is made by a body which is not a community controlled body, explain the basis on which the body is a community transfer body
E] specify the land to which the request relates
F] specify whether the request falls within paragraph (a), (b)(i) or (b)(ii) of section 79(2), ie whether it is a request for ownership, lease or other rights in the land
G] if the request is for ownership, specify the price that the community transfer body would be prepared to pay for the transfer of ownership of the land
H] if the request is for lease, specify
- the amount of rent that the community transfer body would be prepared to pay,
- the duration of the lease, and
- any other terms and conditions that the community transfer body considers should be included in any lease
I] if the request is for other rights, specify the nature and extent of the rights sought
J] specify any other terms or conditions applicable to the request
K] specify the reasons for making the request
L] describe how the community transfer body proposes that the land is to be used
M] specify the benefits which the community transfer body considers will arise if the authority were to agree to the request
N] outline how it is proposed that—
- the transfer of ownership of the land, the lease of the land or the conferral of other rights in respect of the land on the community transfer body (as the case may be); and
- the proposed use of the land, are to be funded
O] describe the level and nature of support for the request from the community to which the community transfer body relates.