Community Empowerment (Scotland) Act 2015

Decisions about participation requests

24 Participation requests: decisions

(1) This section applies where a participation request is made by a community participation body to a public service authority.

(2) The authority must decide whether to agree to or refuse the participation request.

(3) In reaching its decision under subsection (2), the authority must take into consideration the following matters—

(a) the reasons set out in the request under section 22(2)(b),

(b) any other information provided in support of the request (whether such other information is contained in the request or otherwise provided),

(c) whether agreeing to the request mentioned in subsection (2) would be likely to promote or improve—

(i) economic development,

(ii) regeneration,

(iii) public health,

(iv) social wellbeing, or

(v) environmental wellbeing,

(d) whether agreeing to the request would be likely—

(i) to reduce inequalities of outcome which result from socio-economic disadvantage,

(ii) to lead to an increase in participation in the outcome improvement process to which the request relates by persons who experience socio-economic disadvantage,

(iii) otherwise to lead to an increase in participation by such persons in the design or delivery of a public service the provision of which results in, or contributes to, the specified outcome mentioned in the request,

(e) any other benefits that might arise if the request were agreed to, and

(f) any other matter (whether or not included in or arising out of the request) that the authority considers relevant.

(4) The authority must exercise the function under subsection (2) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(5) The authority must agree to the request unless there are reasonable grounds for refusing it.

(6) The authority must, before the end of the period mentioned in subsection (7), give notice (in this Part, a “decision notice”) to the community participation body of—

(a) its decision to agree to or refuse the request, and

(b) if its decision is to refuse the request, the reasons for the decision.

(7) The period is—

(a) a period prescribed in regulations made by the Scottish Ministers, or

(b) such longer period as may be agreed between the authority and the community participation body.

(8) The Scottish Ministers may by regulations make provision about—

(a) the information (in addition to that required under this Part) that a decision notice is to contain, and

(b) the manner in which a decision notice is to be given.

25 Decision notice: information about outcome improvement process

(1) This section applies where a public service authority gives a decision notice agreeing to a participation request by a community participation body.

(2) Where the authority at the time of giving the notice has established an outcome improvement process, the decision notice must—

(a) describe the operation of the outcome improvement process,

(b) specify what stage in the process has been reached,

(c) explain how and to what extent the community participation body is expected to participate in the process, and

(d) if any other person participates in the process, describe how the person participates.

(3) Where the authority at the time of giving the notice has not established an outcome improvement process, the decision notice must—

(a) describe how the proposed process is intended to operate,

(b) explain how and to what extent the community participation body which made the participation request is expected to participate in the proposed process, and

(c) if any other person is expected to participate in the proposed process, describe how the person is expected to participate.

26 Proposed outcome improvement process

(1) This section applies where a public service authority gives a community participation body a decision notice as mentioned in section 25(3).

(2) The community participation body may make written representations in relation to the proposed outcome improvement process.

(3) Any representations under subsection (2) must be made before the end of the period of 28 days beginning with the day on which the notice is given.

(4) Before giving notice under subsection (5), the authority must take into consideration any representations made under subsection (2).

(5) The authority must, before the end of the period of 28 days beginning with the day after the expiry of the period mentioned in subsection (3), give a notice to the community participation body containing details of the outcome improvement process that is to be established.

(6) The authority must publish such information about the process as may be specified in regulations made by the Scottish Ministers.

(7) The authority must publish the information mentioned in subsection (6) on a website or by other electronic means.

27 Power to decline certain participation requests

(1) Subsection (2) applies where—

(a) a participation request (a “new request”) is made to a public service authority,

(b) the new request relates to matters that are the same, or substantially the same, as matters contained in a previous participation request (a “previous request”), and

(c) the previous request was made in the period of two years ending with the date on which the new request is made.

(2) The public service authority may decline to consider the new request.

(3) For the purposes of subsection (1)(b), a new request relates to matters that are the same, or substantially the same, as matters contained in a previous request only if both requests relate to—

(a) the same public service, and

(b) the same, or substantially the same, outcome that results from, or is contributed to by virtue of, the provision of the public service.

(4) For the purposes of this section, it is irrelevant whether the body making a new request is the same body as, or a different body from, that which made the previous request.