Community Empowerment (Scotland) Act 2015

17 Establishment of corporate bodies

(1) Following an application made jointly by each person mentioned in section 13(2), the Scottish Ministers may by regulations establish a body corporate with such constitution and functions about community planning as may be specified in the regulations.

(2) The application referred to in subsection (1) must include information about the following matters—

(a) any consultation about the question of whether to make the application,

(b) representations received in response to any such consultation,

(c) the functions to be specified in regulations made under subsection (1),

(d) such other matters as may be prescribed by the Scottish Ministers by regulations.

(3) Regulations under subsection (1) may include provision about—

(a) the membership of the body established by the regulations,

(b) the proceedings of the body,

(c) the transfer of property and other rights and liabilities to and from the body,

(d) the appointment and employment of staff by the body,

(e) the supply by other persons of services to the body,

(f) the audit of accounts by the body,

(g) the dissolution of the body, and

(h) such other matters as the Scottish Ministers think fit.

(4) A function may be specified in regulations under subsection (1) even if another enactment or rule of law—

(a) provides that the function is to be carried out by a person other than the body established by virtue of subsection (1), or

(b) prevents the carrying out of the function by that body.