Community Empowerment (Scotland) Act 2015 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. Overview

  3. Commentary on Sections

    1. Part 1:  National outcomes

      1. National outcomes

      2. Review of national outcomes

      3. Reports

    2. Part 2:  Community planning

      1. Community planning

      2. Socio-economic inequalities

      3. Local outcomes improvement plan

      4. Local outcomes improvement plan: review

      5. Local outcomes improvement plan: progress report

      6. Localities: comparison of outcomes

      7. Locality plan

      8. Locality plan: review

      9. Locality plan: progress report

      10. Governance

      11. Duties on community planning partners

      12. Guidance

      13. Duty to promote community planning

      14. Establishment of corporate bodies

    3. Part 3:  Participation requests

      1. Community controlled body

      2. Community participation body

      3. Public service authority

      4. Participation requests and the outcome improvement process

    4. Part 4: Community rights to buy land

      1. Modifications of Part 2 of Land Reform (Scotland) Act 2003 : the community right to buy

        1. Introduction

        2. Nature of land in which community interest may be registered

        3. Community bodies

        4. Modification of memorandum, articles, constitution or registered rules

        5. Register of Community Interests in Land

        6. Public notice of certain applications

        7. Criteria for registration of interest in land

        8. Procedure for late applications

        9. Evidence and notification of concluded missives or option agreements

        10. Notification of transfer

        11. Notice of expiry of registration

        12. Changes to information relating to registered interests

        13. Notification under section 50 of the 2003 Act

        14. Approval of members of community to buy land

        15. Appointment of person to conduct ballot on proposal to buy land

        16. Consent under section 51 of the 2003 Act: prescribed information

        17. Representations etc. regarding circumstances affecting ballot results

        18. Ballot not conducted as prescribed

        19. Period in which ballot results and valuations are to be notified

        20. Exercise of right to buy: date of entry and payment of price

        21. Notification of application under section 57 of the 2003 Act

        22. Valuation: views on representations and time limit

        23. Circumstances where expenses of valuation to be met by owner of the land

        24. Creditors in standard security with right to sell land: appeals

        25. Appeals to Lands Tribunal as respects valuations of land

        26. Calculation of time periods in Part 2 of 2003 Act

        27. Duty to provide information about community right to buy

      2. Modifications of Part 3 of Land Reform (Scotland) Act 2003): the crofting community right to buy

        1. Introduction

        2. Crofting community bodies

        3. Modification of memorandum, articles, constitution or registered rules

        4. Application: information about rights and interests in land

        5. Criteria for consent by Ministers

        6. Ballot: information and expenses

        7. Application by more than one crofting community body

        8. Reference to Land Court of questions on applications

        9. Valuation: views on representations and time limit

        10. Compensation

        11. Land Court: reasons for decision under section 92

        12. Register of Crofting Community Rights to Buy

        13. Meaning of creditor in standard security with right to sell

      3. Insertion of Part 3A of Land Reform (Scotland) Act 2003: community right to buy abandoned, neglected or detrimental land

        1. Introduction

        2. Meaning of land

        3. Right to buy eligible land

        4. Part 3A community bodies

        5. Provisions supplementary to section 97D

        6. Register of Community Interests in Abandoned, Neglected or Detrimental Land

        7. Right to buy: application for consent

        8. Criteria for consent

        9. Ballot to indicate approval for purposes of section 97H

        10. Right to buy same land exercisable by only one Part 3A community body

        11. Consent conditions

        12. Notification of Ministers’ decision on application

        13. Effect of Ministers’ decision on right to buy

        14. Confirmation of intention to proceed with purchase and withdrawal

        15. Completion of purchase

        16. Completion of transfer

        17. Assessment of value of land etc.

        18. Compensation

        19. Grants towards Part 3A community bodies’ liabilities to pay compensation

        20. Appeals

        21. Appeals to Lands Tribunal: valuation

        22. Reference to Lands Tribunal of questions on applications

        23. Agreement as to matters referred or appealed

        24. Interpretation of Part 3A

        25. Parts 2, 3 and 3A of the Land Reform (Scotland) Act 2003: mediation

    5. Part 5:  Asset transfer requests

      1. Community transfer body

      2. Relevant authority

      3. Asset transfer requests

      4. Regulations

      5. Decisions

      6. Appeals and reviews

      7. Land leased to a relevant authority

      8. Repeated requests

      9. Registers of relevant authorities’ land

      10. Annual reports

    6. Part 6:  Delegation of Forestry Commissioners’ functions

    7. Part 7: Football Clubs

      1. Overview

      2. Facilitation of supporter involvement in football clubs

      3. Supporter involvement in decision-making

      4. Supporter ownership

    8. Part 8:  Common good property

      1. Common good registers

      2. Disposal and use of common good property

    9. Part 9:  Allotments

      1. Meaning of “allotment”

      2. Meaning of “allotment site”

      3. Request to lease allotment

      4. Offer to lease allotment

      5. Duty to maintain list

      6. Duty to provide allotments

      7. Duty of tenant of allotment site to grant sublease

      8. Access to allotment and allotment site

      9. Allotment site regulations

      10. Allotment site regulations: further provision

      11. Disposal etc. of allotment sites owned by local authority

      12. Disposal etc. of allotment sites leased by local authority

      13. Duty to prepare food-growing strategy

      14. Duty to review food-growing strategy

      15. Annual allotments report

      16. Power to remove unauthorised buildings from allotment sites

      17. Delegation of management of allotment sites

      18. Promotion and use of allotments: expenditure

      19. Use of local authority and other premises for meetings

      20. Termination of lease of allotment or allotment site

      21. Resumption of land by local authority

      22. Notice of termination: sublease by local authority

      23. Notice of termination: sublease by allotment association etc.

      24. Prohibition against assignation or subletting

      25. Sale of surplus produce

      26. Removal of items from allotment by tenant

      27. Compensation for disturbance

      28. Compensation for deterioration of allotment

      29. Compensation for loss of crops

      30. Set-off compensation etc.

      31. Guidance

    10. Part 10: Participation in public decision making

      1. Participation in decisions of certain persons exercising public functions

    11. Part 11:  Non-domestic rates

      1. Schemes for reduction and remission of non-domestic rates

    12. Part 12:  General

    13. Schedule 4:  Amendments relevant to Part 4

  4. Parliamentary History

  • Explanatory Notes Table of contents

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