The Asset Transfer Request (Procedure) (Scotland) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provisions in relation to how an asset transfer request is to be made under Part 5 of the Community Empowerment (Scotland) Act 2015 (“the Act”). They also sets out the period within which a relevant authority is, unless otherwise agreed, to give notice of it decision on an asset transfer request to the community transfer body and provide for the information which the decision notice is to contain.

Regulation 3 sets out that an asset transfer request must be made in writing and specifies information which must be included in or accompany a request. Regulations 4 to 9 specify procedures to be followed in relation to an asset transfer request. Regulation 4 provides for the acknowledgement of asset transfer requests by the relevant authority and the information to be included in such acknowledgement. Regulation 5 provides how the date on which the asset transfer request is to be taken to have been made is established. Regulation 6 requires notice of the making of an asset transfer request to be given to owners, tenants and occupiers of the land to which the request relates and set out how this is to be done. Regulation 7 requires the relevant authority to publish notice of the making of the asset transfer request and sets out how this is to be done. In terms of regulation 8 the relevant authority is to give the community transfer body an opportunity to comment on any representations received in response to notices given or published under regulations 6 or 7. Regulation 9 requires that the relevant authority makes documents relating to the asset transfer request available for inspection on a website or by other electronic means.

Regulation 10 prescribes a period of 6 months after the date on which the asset transfer request is treated as having been made under regulation 5 as the period within which the relevant authority is to give notice of its decision unless a longer period is agreed with the community transfer body.

Regulation 11 specifies the information to be contained in the decision notice in addition to the information required to be given in the notice in terms of section 82(7) and 83(2) of the Act.

Regulation 12 makes provision for the use of electronic communication and regulation 13 defines the term “contact address”.