Search Legislation

Community Empowerment (Scotland) Act 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 83

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Community Empowerment (Scotland) Act 2015, Section 83. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

83Agreement to asset transfer requestS

This section has no associated Explanatory Notes

(1)This section applies where a relevant authority decides to agree to an asset transfer request made by a community transfer body.

(2)The decision notice relating to the request must—

(a)specify the terms on which, and any conditions subject to which, the authority would be prepared to transfer ownership of the land, lease the land or (as the case may be) confer rights in respect of the land to which the request relates (whether or not such terms and conditions were specified in the request),

(b)state that, if the community transfer body wishes to proceed, it must submit to the authority an offer to acquire ownership of the land, lease the land or (as the case may be) assume rights in respect of the land, and

(c)specify the period within which such an offer is to be submitted.

(3)The period specified under subsection (2)(c) must be a period of at least 6 months beginning with the date on which the decision notice is given.

(4)An offer such as is mentioned in subsection (2)(b)—

(a)must reflect any terms and conditions specified in the decision notice,

(b)may include such other reasonable terms and conditions as are necessary or expedient to secure—

(i)the transfer of ownership, the lease or (as the case may be) the conferral of rights, and

(ii)that such a transfer, lease or (as the case may be) conferral of rights takes place within a reasonable time,

(c)must be made before the end of the period specified in the decision notice under subsection (2)(c).

(5)Subsection (6) applies where no contract is concluded on the basis of such an offer before the end of the period mentioned in subsection (7).

(6)The community transfer body may appeal to the Scottish Ministers under section 90 (except in a case where the relevant authority is the Scottish Ministers).

(7)The period is—

(a)the period of 6 months beginning with the date of the offer, or

(b)such longer period—

(i)as may be agreed between the authority and the community transfer body, or

(ii)in the absence of any such agreement, as may be specified in a direction by the Scottish Ministers.

(8)A direction under subsection (7)(b)(ii) may be made only on the application of the community transfer body.

(9)An application under subsection (8) may be made on more than one occasion.

(10)The Scottish Ministers may by regulations make provision about—

(a)the form of, and procedure for making, an application such as is mentioned in subsection (8),

(b)the manner in which a direction under subsection (7)(b)(ii) is to be given,

(c)the information that such a direction is to contain.

Commencement Information

I1S. 83(1)-(9) in force at 23.1.2017 by S.S.I. 2016/363, art. 3(b)

I2S. 83(10) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

I3S. 83(10) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363, art. 3(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources