PART 5ASSET TRANSFER REQUESTS

Decisions

82Asset transfer requests: decisions

1

This section applies where an asset transfer request is made by a community transfer body to a relevant authority.

2

The authority must decide whether to agree to or refuse the request.

3

In reaching its decision, the authority must take into consideration the following matters—

a

the reasons for the request,

b

any other information provided in support of the request (whether such other information is contained in the request or otherwise provided),

c

whether agreeing to the request would be likely to promote or improve—

i

economic development,

ii

regeneration,

iii

public health,

iv

social wellbeing, or

v

environmental wellbeing,

d

whether agreeing to the request would be likely to reduce inequalities of outcome which result from socio-economic disadvantage,

e

any other benefits that might arise if the request were agreed to,

f

any benefits that might arise if the authority were to agree to or otherwise adopt an alternative proposal in respect of the land to which the request relates,

g

how such benefits would compare to any benefits such as are mentioned in paragraphs (c) and (e),

h

how any benefits such as are mentioned in paragraph (f) relate to other matters the authority considers relevant (including, in particular, the functions and purposes of the authority),

i

any obligations imposed on the authority, by or under any enactment or otherwise, that may prevent, restrict or otherwise affect its ability to agree to the request, and

j

such other matters (whether or not included in or arising out of the request) as the authority considers relevant.

4

The authority must exercise the function under subsection (2) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

5

The authority must agree to the request unless there are reasonable grounds for refusing it.

6

In subsection (3)(f), an “alternative proposal” includes—

a

another asset transfer request,

b

a proposal made by the authority or any other person.

7

The authority must, within the period mentioned in subsection (8), give notice (in this Part, a “decision notice”) to the community transfer body of—

a

its decision to agree to or refuse the request, and

b

the reasons for its decision.

8

The period is—

a

a period prescribed in regulations made by the Scottish Ministers, or

b

such longer period as may be agreed between the authority and the community transfer body.

9

The Scottish Ministers may by regulations make provision about—

a

the information (in addition to that required under this Part) that a decision notice is to contain, and

b

the manner in which a decision notice is to be given.