It is important to have an appeals process in place for the community as laid down in the legislation:
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, or
- 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, as set out in section 86 of the Act. This may also apply in future to requests made to other relevant authorities that are designated by the Scottish Ministers, for example if they are bodies closely related to local authorities. 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 the Scottish Ministers under section 88.
- If the request is made to the Scottish Ministers, the community transfer body can apply for a review by the Scottish Ministers under section 87.
- If the request is made to any other relevant authority, the community transfer body can appeal to the Scottish Ministers under section 85 of the Act.