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Community Empowerment (Scotland) Act 2015

Community controlled body

38.Section 19 defines a “community-controlled body”. This can be a corporate body or unincorporated but it must have a written constitution which:

  • defines the community to which the body relates;

  • provides membership rules which ensure the body is open to and controlled by members of that community, and that the majority of the members of the body are members of that community;

  • sets out aims and purposes which include the promotion of a benefit for that community; and

  • provides that any surplus funds or assets are to be used for the benefit of that community.

39.There are no restrictions on how a community may be defined for this purpose. It may be based, for example, on geographical boundaries, common interests, or shared characteristics of its members (such as ethnic background, disability, religion, etc.).

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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