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

PART 2 S Application for review under section 86(2) of the Act

Application for review S

3.—(1) An application for review to the local authority under section 86(2) of the Act is to be made in writing in accordance with this regulation.

(2) The application for review must be made to the local authority within the period of 20 working days beginning with, in the case of an application for review made by virtue of—

(a) section 86(1)(b)(i) or (ii) of the Act, the date of the decision notice; and

(b) section 86(1)(b)(iii) of the Act, the date of expiry of the period allowed for determination of the request.

(3) The application for review must—

(a) include the name and contact address of the community transfer body;

(b) specify the land to which the asset transfer request relates;

(c) include a statement setting out the community transfer body’s reasons for requiring a review of the case and by what, if any, procedure (or combination of procedures) the community transfer body considers the review should be conducted; and

(d) be accompanied by a list of all documents, materials and evidence which the community transfer body intends to rely on in the review.

(4) Subject to paragraph (5)—

(a) all matters which the community transfer body intends to raise in the review must be set out in the application for review or in the documents, materials and evidence referred to on the list submitted in accordance with paragraph (3)(d); and

(b) the application for review must be accompanied by a copy of all documents, materials and evidence specified on such list other than any documents, materials or evidence which—

(i) the community transfer body has already provided to the local authority in connection with the asset transfer request; or

(ii) the local authority otherwise already holds.

(5) In addition to matters set out in the application for review and in the documents, materials and evidence referred to the list submitted in accordance with paragraph (3)(d), the community transfer body may raise matters and submit further documents, materials or evidence only—

(a) in accordance with and to the extent permitted by regulation 4(6); or

(b) where the local authority makes a request (under regulation 8(1), rule 1(1) of the Hearing Session Rules or otherwise) for further representations to be made or further information to be provided by the community transfer body.

Commencement Information

I1 Reg. 3 in force at 23.1.2017, see reg. 1(1)

Notification to interested parties and publication S

4.—(1) The local authority must before the expiry of the period of 10 working days beginning with the date on which the application for review is made—

(a) send an acknowledgement of the application for review to the community transfer body stating the date on which the application for review was made and inform the community transfer body how documents related to the review may be inspected; and

(b) give notice of the review to each interested party.

(2) Notice under paragraph (1)(b) is to be given—

(a) in writing to an interested party who is an owner, tenant or occupier of the land to which the asset transfer request relates; and

(b) in writing or by advertisement in a newspaper circulating in the locality where the land is situated, to any other interested party.

(3) Notice under paragraph (1)(b) is to—

(a) state the name of the community transfer body;

(b) specify the land to which the asset transfer request relates;

(c) state that copies of any representations previously made with respect to the asset transfer request, will be considered by the local authority when determining the review;

(d) state that further representations may be made to the local authority and include information as to how any representations may be made, by what date they must be made and that a copy of the representation will be sent to the community transfer body for comment; and

(e) state how a copy of the application for review and other documents related to the review may be inspected.

(4) An interested party may within the period of 10 working days beginning with the date on which notice is given under paragraph (1)(b) make representations in respect of the review to the local authority.

(5) The local authority must send a copy of any representations received under paragraph (4) to the community transfer body and must inform the community transfer body how and by what date (being a date not less than 10 working days after the date on which such copy is sent under this paragraph) the community transfer body may make comments to the local authority on such representations.

(6) The community transfer body may, on or before that date, make comments on such representations to the local authority.

(7) An interested party may, in addition to any representations made by virtue of paragraph (4), raise matters and submit further documents, materials or evidence only in accordance with a request made under regulation 8(1), rule 1(1) of the Hearing Session Rules or otherwise.

Commencement Information

I2 Reg. 4 in force at 23.1.2017, see reg. 1(1)

Publication of review documents S

5.  The local authority must, in relation to a review, make a copy of—

(a) the review documents; and

(b) any notice given under regulation 4(1)(b),

available for inspection on a website or by other electronic means until such time as the review is determined.

Commencement Information

I3 Reg. 5 in force at 23.1.2017, see reg. 1(1)