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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with applications for review made to a local authority under section 86 of the Community Empowerment (Scotland) Act 2015 (“the Act”) and applications for reviews made to the Scottish Ministers under section 87 of the Act.

Part 1 of the Regulations sets out how the Regulations apply and are to be interpreted. Part 2 of the Regulations makes provision in relation to procedure for making an application for review under section 86(2) of the Act. Regulation 3 sets out the time period within which and how such an application for review must be made. Regulation 4 provides for notification of the review to interested parties and gives such parties an opportunity to make representations and for the community transfer body to comment on any such representations. In terms of regulation 5 the local authority are to publish copies of documents relating to the review on a website or by other electronic means.

Part 3 of the Regulations relates to the process of determination of a review. Regulation 6 to 8 make provision for the procedure, if any is considered to be required, to be followed by the local authority when considering a review. Regulation 8 sets out procedures for how written submissions are to be sought and the Hearing Session Rules set out in the schedule contain rules as to how hearings are to be conducted. Regulation 9 relates to further procedure by the local authority if the local authority proposes to consider new evidence after the conclusion of any procedure under regulation 8 or the Hearing Session Rules.

Part 4 of the Regulations makes provision in respect of reviews under section 87(2) of the Act. Regulation 11 sets out the time period within which and how such an application for review must be made. Regulation 12 requires the Scottish Ministers to appoint persons to form a review panel to consider the review and report to them on their findings and recommendations for disposal of the review. Regulation 13 applies provisions of the Regulations to applications for review under section 87 of the Act with modifications to take account of the fact that applications are made to the Scottish Ministers rather than the local authority and the procedure for section 87 reviews is to be conducted by a review panel. Regulation 14 relates to further procedure by the Scottish Ministers if they propose to consider new evidence after the conclusion of any procedure under regulation 8 or the Hearing Session Rules.

Part 5 makes general provisions in relation to the provision of further copies of documents (regulation 15), notification of the decision on review (regulation 17), the definition of ‘contact address’ (regulation 18) and the use of electronic communications (regulation 19). Regulation 16 requires the relevant authority to ensure that publication and notification procedures set out in the Asset Transfer Request (Procedure) (Scotland) Regulations 2016 are fulfilled if this has not already been done.