Community Empowerment Act

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
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 download the guidance notes 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.
 
 

Related Resources

Asset Transfer Guidance for Community Transfer Bodies

This 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.

There is more guidance for community transfer bodies on completing the request form, and more for relevant authorities on the acknowledgement and notices they have to issue following receipt of a request.

PDF icon Asset Transfer CTB Guidance Notes.pdf

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