Community Empowerment (Scotland) Act 2015

20 Meaning of “community participation body”

(1) In this Part, “community participation body” means—

(a) a community-controlled body,

(b) a community council established in accordance with Part 4 of the Local Government (Scotland) Act 1973,

(c) a body mentioned in subsection (2), or

(d) a group mentioned in subsection (4).

(2) The body is a body (whether corporate or unincorporated)—

(a) that is designated as a community participation body by an order made by the Scottish Ministers for the purposes of this Part, or

(b) that falls within a class of bodies designated as community participation bodies by such an order for the purposes of this Part.

(3) Where the power to make an order under subsection (2)(a) is exercised in relation to a trust, the community participation body is to be the trustees of the trust.

(4) The group is a group—

(a) that comprises a number of individuals who are members of the group,

(b) that has no written constitution,

(c) that relates to a particular community,

(d) membership of which is open to any member of that community,

(e) whose decisions are made or otherwise controlled by members of the group who are members of that community, and

(f) any surplus funds and assets of which are to be applied for the benefit of that community.