The Community Empowerment (Scotland) Act 2015 (CEA) was introduced by Scottish Ministers to help to empower community bodies through the taking of ownership or control of land and buildings from public bodies (called "relevant authorities in the CEA), and by strengthening their voices in decisions about public services. There are 11 topics covered by the Act. This summary gives a brief description of each topic and how they are being implemented.
Part |
Topic |
Main content |
Part One |
National Outcomes |
Requires Scottish Ministers to continue the approach of setting national outcomes for Scotland, based on consultation, which guide the work of public authorities. |
Part Two |
Community Planning |
Places Community Planning Partnerships (CPP) on a statutory footing and imposes duties on them around the planning and delivery of local outcomes, and the involvement of community bodies at all stages of community planning. |
Part Three |
Participation Requests |
Provides a mechanism for community bodies to put forward their ideas for how services could be changed to improve outcomes for their community. |
Part Four |
Community Rights to buy land |
Amends the Land Reform (Scotland) Act 2003, extending the community right to buy to all of Scotland (urban and rural) and improving procedures. |
Part Five |
Asset Transfer Requests |
Provides community bodies with a right to request to purchase, lease, manage or use land and buildings belonging to local authorities, Scottish public bodies or Scottish Ministers. |
Part Six |
Delegation of Forestry Commissioners’ functions |
Allows for different types of community body to be involved in forestry leasing. |
Part Seven |
Football Clubs |
Gives supporters a role in decision-making, or even ownership when the opportunity arises, of their football clubs. |
Part Eight |
Common Good Property |
Places a statutory duty on local authorities to establish and maintain a register of all property held by them for the common good. It also requires local authorities to publish their proposals and consult community bodies before disposing of or changing the use of common good assets. |
Part Nine |
Allotments |
Updates and simplifies legislation on allotments. It requires local authorities to take reasonable steps to provide allotments if waiting lists exceed certain trigger points, strengthens the protection for allotments, requires fair rents to be set and allows tenants to sell surplus produce grown on an allotment (other than with a view to making a profit). |
Part Ten |
Participation in public decision-making |
A new regulation-making power enabling Ministers to require Scottish public authorities to promote and facilitate the participation of members of the public in the decisions and activities of the authority, including in the allocation of its resources. Involving people and communities in making decisions helps build community capacity and also helps the public sector identify local needs and priorities and target budgets more effectively. |
Part Eleven |
Non-domestic rates |
Provides for a new power for councils to create and fund their own localised business rates relief schemes, in addition to existing national rates relief, to better reflect local needs and support communities. |
Relevant Authorities
Public agencies/ relevant authorities |
Local authorities Scottish Ministers (including agencies such as Forest Enterprise Scotland and Transport Scotland) Crofting Commission Further Education colleges which are “incorporating colleges” Health Boards, both regional and Special Health Boards Highlands and Islands Enterprise Historic Environment Scotland National Park Authorities (Cairngorms and Loch Lomond & Trossachs) Regional Transport Partnerships Scottish Canals Scottish Courts and Tribunals Service Scottish Enterprise Scottish Environment Protection Agency Scottish Fire and Rescue Service NatureScot (formerly Scottish Natural Heritage) Scottish Police Authority (who own all land and buildings used by Police Scotland) Scottish Water Visit Scotland |
Guidance
- Asset Transfer Guidance for Relevant Authorities
- Asset Transfer Guidance for Community Transfer Bodies
- A summary guide is also available