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Community Empowerment (Scotland) Act 2015

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79Asset transfer requestsS

This section has no associated Explanatory Notes

(1)A community transfer body may make a request in accordance with this section (in this Part, an “asset transfer request”) to a relevant authority.

(2)An asset transfer request is a request—

(a)in relation to land owned by the relevant authority, for ownership of the land to be transferred to the community transfer body, or

(b)in relation to land owned or leased by the relevant authority—

(i)for the land to be leased to the community transfer body, or

(ii)for the authority to confer rights in respect of the land on the community transfer body (including, for example, rights to manage or occupy the land or use it for a purpose specified in the request).

(3)An asset transfer request of the type mentioned in subsection (2)(a) may be made only by a community transfer body falling within section 80; and references in the remainder of this Part to the making of an asset transfer request by a community transfer body are to be read accordingly.

(4)A community transfer body making an asset transfer request must specify in the request—

(a)the land to which the request relates,

(b)whether the request falls within paragraph (a), (b)(i) or (b)(ii) of subsection (2),

(c)the reasons for making the request,

(d)the benefits which the community transfer body considers will arise if the authority were to agree to the request,

(e)where the request falls within subsection (2)(a), the price that the community transfer body would be prepared to pay for the transfer of ownership of the land,

(f)where the request falls within subsection (2)(b)(i)—

(i)the amount of rent that the community transfer body would be prepared to pay in respect of any lease resulting from the request,

(ii)the duration of any such lease, and

(iii)any other terms and conditions that the community transfer body considers should be included in any such lease,

(g)where the request falls within subsection (2)(b)(ii), the nature and extent of the rights sought, and

(h)any other terms or conditions applicable to the request.

Commencement Information

I1S. 79 in force at 23.1.2017 by S.S.I. 2016/363, art. 3(b)

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