The Asset Transfer Request (Designation of Community Transfer Bodies) (Scotland) Order 2016

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Asset Transfer Request (Designation of Community Transfer Bodies) (Scotland) Order 2016 and comes into force on 23rd January 2017.

(2) In this Order—

“the 2003 Act” means the Land Reform (Scotland) Act 2003(1);

“the 2015 Act” means the Community Empowerment (Scotland) Act 2015; and

“company limited by guarantee” has the meaning given by section 3(3) of the Companies Act 2006(2).

Designation of classes of bodies as community transfer bodies

2.—(1) The classes of bodies specified in paragraph (2) are designated as community transfer bodies for the purposes of Part 5 (asset transfer requests) of the 2015 Act.

(2) The classes of bodies are—

(a) bodies falling within subsection (1), (1A) or (1B) of section 34 (community bodies) of the 2003 Act(3), including a body which falls within such subsections in consequence of the disapplication of the requirement specified in subsection (1)(c), (1A(c) or (1B)(c) of that section, as the case may be, in relation to that body by virtue of section 34(2) of the 2003 Act; and

(b) companies limited by guarantee, the articles of association of which meet the requirements specified in section 71(1)(a) to (h) (crofting community bodies) of the 2003 Act(4), including where such requirements are met in consequence of the disapplication of the requirement specified in section 71(1)(c) of the 2003 Act by virtue of section 71(2) of the 2003 Act.

Asset transfer request for transfer of ownership of land

3.  A body falling within a class of bodies designated as community transfer bodies under this Order may make an asset transfer request of the type mentioned in section 79(2)(a) of the 2015 Act.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th November 2016