OpenLegislation

Community Empowerment (Scotland) Act 2015

2015 asp 6 · Enacted 24 July 2015 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 24 February 2021.

An Act of the Scottish Parliament to make provision about national outcomes; to confer functions on certain persons in relation to services provided by, and assets of, certain public bodies; to amend Parts 2 and 3 of the Land Reform (Scotland) Act 2003; to enable certain bodies to buy abandoned, neglected or detrimental land; to amend section 7C of the Forestry Act 1967; to enable the Scottish Ministers to make provision about supporters' involvement in and ownership of football clubs; to make provision for registers of common good property and about disposal and use of such property; to restate and amend the law on allotments; to enable participation in decision-making by specified persons having public functions; to enable local authorities to reduce or remit non-domestic rates; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th June 2015 and received Royal Assent on 24th July 2015

Contents

  1. Part 1: NATIONAL OUTCOMES
  2. 1National outcomes
  3. 2Review of national outcomes
  4. 3Reports
  5. Part 2: COMMUNITY PLANNING
  6. 4Community planning
  7. 5Socio-economic inequalities
  8. 6Local outcomes improvement plan
  9. 7Local outcomes improvement plan: review
  10. 8Local outcomes improvement plan: progress report
  11. 9Localities: comparison of outcomes
  12. 10Locality plan
  13. 11Locality plan: review
  14. 12Locality plan: progress report
  15. 13Governance
  16. 14Community planning partners: duties
  17. 15Guidance
  18. 16Duty to promote community planning
  19. 17Establishment of corporate bodies
  20. 18Interpretation of Part 2
  21. Part 3: PARTICIPATION REQUESTS
  22. Key definitions
  23. 19Meaning of “community-controlled body”
  24. 20Meaning of “community participation body”
  25. 21Meaning of “public service authority”
  26. Participation requests
  27. 22Participation requests
  28. 23Regulations
  29. Decisions about participation requests
  30. 24Participation requests: decisions
  31. 25Decision notice: information about outcome improvement process
  32. 26Proposed outcome improvement process
  33. 27Power to decline certain participation requests
  34. Outcome improvement processes
  35. 28Duty to establish and maintain outcome improvement process
  36. 29Modification of outcome improvement process
  37. Appeals and reviews Not yet in force
  38. 30Regulations: appeals and reviews Not yet in force
  39. Reporting
  40. 31Reporting
  41. 32Annual reports
  42. 33Ministerial report
  43. Guidance
  44. 34Guidance
  45. Interpretation of Part 3
  46. 35Interpretation of Part 3
  47. Part 4: COMMUNITY RIGHTS TO BUY LAND
  48. Modifications of Part 2 of Land Reform (Scotland) Act 2003
  49. 36Nature of land in which community interest may be registered
  50. 37Community bodies
  51. 38Modification of memorandum, articles, constitution or registered rules
  52. 39Register of Community Interests in Land
  53. 40Public notice of certain applications
  54. 41Criteria for registration of interest in land
  55. 42Procedure for late applications
  56. 43Evidence and notification of concluded missives or option agreements
  57. 44Notification of transfer
  58. 45Notice of expiry of registration
  59. 46Changes to information relating to registered interests
  60. 47Notification under section 50 of 2003 Act
  61. 48Approval of members of community to buy land
  62. 49Appointment of person to conduct ballot on proposal to buy land
  63. 50Consent under section 51 of 2003 Act: prescribed information
  64. 51Representations etc. regarding circumstances affecting ballot result
  65. 52Ballot not conducted as prescribed
  66. 53Period in which ballot results and valuations are to be notified
  67. 54Exercise of right to buy: date of entry and payment of price
  68. 55Notification of application under section 57 of the 2003 Act
  69. 56Valuation: views on representations and time limit
  70. 57Expenses of valuation of land
  71. 58Creditors in standard security with right to sell land: appeals
  72. 59Appeals to Lands Tribunal as respects valuations of land
  73. 60Calculation of time periods in Part 2 of 2003 Act
  74. 61Duty to provide information about community right to buy
  75. Modifications of Part 3 of Land Reform (Scotland) Act 2003
  76. 62Crofting community bodies
  77. 63Modification of memorandum, articles, constitution or registered rules
  78. 64Application: information about rights and interest in land
  79. 65Criteria for consent by Ministers
  80. 66Ballot: information and expenses
  81. 67Application by more than one crofting community body
  82. 68Reference to Land Court of questions on applications
  83. 69Valuation: views on representations and time limit
  84. 70Compensation
  85. 71Land Court: reasons for decision under section 92
  86. 72Register of Crofting Community Rights to Buy
  87. 73Meaning of creditor in standard security with right to sell
  88. Abandoned, neglected and detrimental land
  89. 74Abandoned, neglected and detrimental land
  90. Mediation
  91. 75Parts 2, 3 and 3A of Land Reform (Scotland) Act 2003: mediation
  92. Meaning of “the 2003 Act”
  93. 76Meaning of “the 2003 Act” in Part 4
  94. Part 5: ASSET TRANSFER REQUESTS
  95. Key definitions
  96. 77Meaning of “community transfer body”
  97. 78Meaning of “relevant authority”
  98. Requests
  99. 79Asset transfer requests
  100. 80Community transfer bodies that may request transfer of ownership of land
  101. 81Asset transfer requests: regulations
  102. Decisions
  103. 82Asset transfer requests: decisions
  104. 83Agreement to asset transfer request
  105. Prohibition on disposal of land
  106. 84Prohibition on disposal of land
  107. Appeals and reviews
  108. 85Appeals
  109. 86Review by local authority
  110. 87Review of decisions by the Scottish Ministers
  111. 88Appeals from reviews under section 86
  112. 89Decisions by relevant authority specified under section 85(2)(c): reviews
  113. 90No concluded contract: appeals
  114. 91Effect of offers on appeals and reviews
  115. Disapplication of certain lease restrictions
  116. 92Disapplication of restrictions in lease of land to relevant authority
  117. Power to decline subsequent requests
  118. 93Power to decline certain asset transfer requests
  119. Registers of relevant authorities' land
  120. 94Duty to publish register of land
  121. Annual reports
  122. 95Annual reports
  123. Guidance
  124. 96Guidance
  125. Interpretation of Part 5
  126. 97Interpretation of Part 5
  127. Part 6: DELEGATION OF FORESTRY COMMISSIONERS' FUNCTIONS
  128. 98Meaning of “community body” in Forestry Act 1967
  129. Part 7: FOOTBALL CLUBS Not yet in force
  130. 99Facilitation of supporter involvement in football clubs Not yet in force
  131. 100Supporter involvement in decision-making Not yet in force
  132. 101Supporter ownership Not yet in force
  133. Part 8: COMMON GOOD PROPERTY
  134. Registers
  135. 102Common good registers
  136. 103Guidance about common good registers
  137. Disposal and use
  138. 104Disposal and use of common good property: consultation
  139. 105Disposal etc. of common good property: guidance
  140. Interpretation of Part 8
  141. 106Interpretation of Part 8
  142. Part 9: ALLOTMENTS
  143. Key definitions
  144. 107Meaning of “allotment”
  145. 108Meaning of “allotment site”
  146. Request and offer to lease allotment
  147. 109Request to lease allotment
  148. 110Offer to lease allotment
  149. Local authority functions
  150. 111Duty to maintain list
  151. 112Duty to provide allotments
  152. 113Duty of tenant of allotment site to grant sublease
  153. 114Access to allotment and allotment site
  154. 115Allotment site regulations
  155. 116Allotment site regulations: further provision
  156. 117Disposal etc. of allotment sites owned by local authority
  157. 118Disposal etc. of allotment sites leased by local authority
  158. 119Duty to prepare food-growing strategy
  159. 120Duty to review food-growing strategy
  160. 121Annual allotments report
  161. 122Power to remove unauthorised buildings from allotment sites
  162. 123Delegation of management of allotment sites
  163. 124Promotion and use of allotments: expenditure
  164. 125Use of local authority and other premises for meetings
  165. Termination of lease
  166. 126Termination of lease of allotment or allotment site
  167. 127Resumption of allotment or allotment site by local authority
  168. Notice of termination: sublease
  169. 128Notice of termination: sublease by local authority
  170. 129Notice of termination: sublease by allotment association etc.
  171. Prohibition against assignation or subletting
  172. 130Prohibition against assignation or subletting
  173. Tenants' rights
  174. 131Sale of surplus produce
  175. 132Removal of items from allotment by tenant
  176. Compensation
  177. 133Compensation for disturbance
  178. 134Compensation for deterioration of allotment
  179. 135Compensation for loss of crops
  180. 136Set-off of compensation etc.
  181. Guidance
  182. 137Guidance
  183. Interpretation of Part 9
  184. 138Interpretation of Part 9
  185. Part 10: PARTICIPATION IN PUBLIC DECISION-MAKING
  186. 139Participation in decisions of certain persons exercising public functions
  187. Part 11: NON-DOMESTIC RATES
  188. 140Schemes for reduction and remission of non-domestic rates
  189. Part 12: GENERAL
  190. 141Guidance under Parts 2, 3, 5, 8, 9 and 10: publication
  191. 142Subordinate legislation
  192. 143Ancillary provision
  193. 144Minor and consequential amendments and repeals
  194. 145Commencement
  195. 146Short title
  196. Schedule 1: COMMUNITY PLANNING PARTNERS
  197. Paragraph
  198. Schedule 2: PUBLIC SERVICE AUTHORITIES
  199. Paragraph
  200. Schedule 3: RELEVANT AUTHORITIES
  201. Paragraph
  202. Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
  203. Small Landholders (Scotland) Act 1911
  204. 1Paragraph 1
  205. Compensation (Defence) Act 1939
  206. 2Paragraph 2
  207. Agriculture (Scotland) Act 1948
  208. 3Paragraph 3
  209. Opencast Coal Act 1958
  210. 4Paragraph 4
  211. Local Government (Scotland) Act 1973
  212. 5Paragraph 5
  213. Local Government Act 1992
  214. 6Paragraph 6
  215. Local Government in Scotland Act 2003
  216. 7Paragraph 7
  217. Land Reform (Scotland) Act 2003
  218. 8Paragraph 8
  219. Fire (Scotland) Act 2005
  220. 9Paragraph 9
  221. Schools (Consultation) (Scotland) Act 2010
  222. 10Paragraph 10
  223. Public Services Reform (Scotland) Act 2010
  224. 11Paragraph 11
  225. Police and Fire Reform (Scotland) Act 2012
  226. 12Paragraph 12
  227. Schedule 5REPEALS