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The Community Empowerment (Scotland) Act 2015 (Commencement No. 4 and Transitory Provision) Order 2016

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Scottish Statutory Instruments

2016 No. 363 (C. 32)

Community Empowerment

The Community Empowerment (Scotland) Act 2015 (Commencement No. 4 and Transitory Provision) Order 2016

Made

8th November 2016

Laid before the Scottish Parliament

10th November 2016

Coming into force

20th December 2016

The Scottish Ministers make the following Order in in exercise of the powers conferred by section 145(2) and (3) of the Community Empowerment (Scotland) Act 2015(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Community Empowerment (Scotland) Act 2015 (Commencement No. 4 and Transitory Provision) Order 2016 and comes into force on 20th December 2016.

(2) In this Order “the Act” means the Community Empowerment (Scotland) Act 2015.

Appointed days

2.  The day appointed for the coming into force, insofar as not already in force, of Part 2 and schedule 1 of the Act (community planning) is 20th December 2016.

3.  The day appointed for the coming into force of the following provisions of the Act, insofar as not already in force, is 23rd January 2017:—

(a)section 19 (participation requests: meaning of “community-controlled body”);

(b)Part 5 and schedule 3 (asset transfer requests); and

(c)Part 6 (delegation of Forestry Commissioners’ functions).

Transitory provision

4.  For the purposes of section 95 of the Act the asset transfer report to be published no later than 30th June 2018 must also set out the information described in section 95(2) in respect of the period beginning on 23rd January 2017 and ending on 31st March 2018.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th November 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Community Empowerment (Scotland) Act 2015 (“the Act”).

Article 2 brings Part 2 (community planning) and schedule 1 (community planning partners) of the Act into force on 20th December 2016, insofar as not already in force.

Article 3 brings the following provisions of the Act into force on 23rd January 2017:—

  • section 19 (participation requests: meaning of “community controlled body”);

  • Part 5 (asset transfer requests) insofar as not already in force;

  • schedule 3 (relevant bodies for the purposes of Part 5);

  • Part 6 (delegation of Forestry Commissioners’ functions: amendment of the Forestry Act 1967).

Article 4 contains a transitory provision with regard to the information to be set out in the first asset transfer report.

The Bill for the Act received Royal Assent on 24th July 2015. Sections 141 to 143, 145 and 146 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.

Provision of the ActDate of CommencementInstrument No.
Section 115th April 2016S.S.I. 2015/399
Section 215th April 2016S.S.I. 2015/399
Section 315th April 2016S.S.I. 2015/399
Section 9(2),(5) and (6) (partially)13th November 2015S.S.I. 2015/358
Section 15(3) (partially)13th November 2015S.S.I. 2015/358
Section 1813th November 2015S.S.I. 2015/358
Section 20(2) and (3) (partially)13th November 2015S.S.I. 2015/358
Section 21(2), (3), (4), (8) and (9) (partially)13th November 2015S.S.I. 2015/358
Section 2313th November 2015S.S.I. 2015/358
Section 24(7)(a) and (8) (partially)13th November 2015S.S.I. 2015/358
Section 26(6) (partially)13th November 2015S.S.I. 2015/358
Section 29(3) (partially)13th November 2015S.S.I. 2015/358
Section 31(6) (partially)13th November 2015S.S.I. 2015/358
Section 34 (partially)13th November 2015S.S.I. 2015/358
Section 3513th November 2015S.S.I. 2015/358
Section 3615th April 2016S.S.I. 2015/399
Section 37(1), (4), (7) and (8) (partially)13th November 2015S.S.I. 2015/358
Section 37 (insofar as not already in force)15th April 2016S.S.I. 2015/399
Section 3815th April 2016S.S.I. 2015/399
Section 3915th April 2016S.S.I. 2015/399
Section 40 (partially)13th November 2015S.S.I. 2015/358
Section 40 (insofar as not already in force)15th April 2016S.S.I. 2015/399
Section 4115th April 2016S.S.I. 2015/399
Section 42(1), (2), (4) and (9) (partially)13th November 2015S.S.I. 2015/358
Section 42 (insofar as not already in force)15th April 2016S.S.I. 2015/399
Section 4315th April 2016S.S.I. 2015/399
Section 44 (partially)13th November 2015S.S.I. 2015/358
Section 44 (insofar as not already in force)15th April 2016S.S.I. 2015/399
Section 4515th April 2016S.S.I. 2015/399
Section 4615th April 2016S.S.I. 2015/399
Section 4715th April 2016S.S.I. 2015/399
Section 4815th April 2016S.S.I. 2015/399
Section 49 (partially)13th November 2015S.S.I. 2015/358
Section 49 (insofar as not already in force)15th April 2016S.S.I. 2015/399
Section 50 (partially)13th November 2015S.S.I. 2015/358
Section 50 (insofar as not already in force)15th April 2016S.S.I. 2015/399
Section 5115th April 2016S.S.I. 2015/399
Section 52 (partially)13th November 2015S.S.I. 2015/358
Section 52 (insofar as not already in force)15th April 2016S.S.I. 2015/399
Section 5315th April 2016S.S.I. 2015/399
Section 5415th April 2016S.S.I. 2015/399
Section 5515th April 2016S.S.I. 2015/399
Section 5615th April 2016S.S.I. 2015/399
Section 5715th April 2016S.S.I. 2015/399
Section 5815th April 2016S.S.I. 2015/399
Section 5915th April 2016S.S.I. 2015/399
Section 6015th April 2016S.S.I. 2015/399
Section 6115th April 2016S.S.I. 2015/399
Section 75 (partially)15th April 2016S.S.I. 2015/399
Section 7613th November 2015S.S.I. 2015/358
Section 77(2) and (3) (partially)13th November 2015S.S.I. 2015/358
Section 78(2), (3) and (4) (partially)13th November 2015S.S.I. 2015/358
Section 8113th November 2015S.S.I. 2015/358
Section 82(8)(a) and (9) (partially)13th November 2015S.S.I. 2015/358
Section 83(10) (partially)13th November 2015S.S.I. 2015/358
Section 85(3), (4) and (10) (partially)13th November 2015S.S.I. 2015/358
Section 86(3), (4), (7)(b)(i) and (9) (partially)13th November 2015S.S.I. 2015/358
Section 87(3), (4) and (9) (partially)13th November 2015S.S.I. 2015/358
Section 88(3) (partially)13th November 2015S.S.I. 2015/358
Section 89(2), (3), and (4) (partially)13th November 2015S.S.I. 2015/358
Section 90(12), (13) and (14) (partially)13th November 2015S.S.I. 2015/358
Section 94(4), (5) and (6) (partially)13th November 2015S.S.I. 2015/358
Section 96 (partially)13th November 2015S.S.I. 2015/358
Section 9713th November 2015S.S.I. 2015/358
Section 10313th November 2015S.S.I. 2015/358
Section 10513th November 2015S.S.I. 2015/358
Section 10613th November 2015S.S.I. 2015/358
Section 137 (partially)13th November 2015S.S.I. 2015/358
Section 139(1) to (5) and (7) (partially)13th November 2015S.S.I. 2015/358
Section 14031st October 2015S.S.I. 2015/344
Section 144(1) and schedule 4 so far as they relate to paragraph 8(1), (2)(d) and (4)(a) of schedule 4 (partially)13th November 2015S.S.I. 2015/358
Section 144(1) and schedule 4 so far as they relate to paragraph 8 of schedule 4 (insofar as not already in force)15th April 2016S.S.I. 2015/399
Section 144(2) and schedule 5 so far as they relate to the Land Reform (Scotland) Act 200315th April 2016S.S.I. 2015/399

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