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Community Empowerment (Scotland) Act 2015

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This is the original version (as it was originally enacted).

24Participation requests: decisions

This section has no associated Explanatory Notes

(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.

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