2015 No. 358 (C. 44)

Community Empowerment
Land Reform
Local Government

The Community Empowerment (Scotland) Act 2015 (Commencement No. 2) Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the power conferred by section 145(2) of the Community Empowerment (Scotland) Act 20151.

Citation, commencement and interpretation1

1

This Order may be cited as the Community Empowerment (Scotland) Act 2015 (Commencement No. 2) Order 2015 and comes into force on 13th November 2015.

2

In this Order—

  • the Act” means the Community Empowerment (Scotland) Act 2015; and

  • “the 2003 Act” means the Land Reform (Scotland) Act 20032.

Appointed day2

1

Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule (the subject matter of which is described in column 2 of that table) is 13th November 2015.

2

Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 13th November 2015 only for that purpose.

MARCO BIAGIAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 13TH NOVEMBER 2015

Article 2

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

Section 9(2), (5) and (6)

Localities: comparison of outcomes

For the purpose of making regulations

Section 15

Guidance about community planning

For the purpose of issuing guidance for the purposes of Part 2 of the Act

Section 18

Interpretation of Part 2

Section 20(2) and (3)

Meaning of “community participation body”

For the purpose of making orders

Section 21(2), (3), (4), (8) and (9)

Meaning of “public service authority”

For the purpose of making orders

Section 23

Regulations with further provision about participation requests

Section 24(7)(a) and (8)

Participation requests: decisions

For the purpose of making regulations

Section 26(6)

Proposed outcome improvement process

For the purpose of making regulations

Section 29(3)

Modification of outcome improvement process

For the purpose of making regulations

Section 31(6)

Reporting

For the purpose of making regulations

Section 34

Guidance on participation requests

For the purpose of issuing guidance for the purposes of Part 3 of the Act

Section 35

Interpretation of Part 3

Section 37(1), (4), (7) and (8)

Community bodies

For the purpose of making regulations under section 34(5)(a) of the 2003 Act

Section 40

Public notice of certain applications

For the purpose of making regulations under section 37(4)(b) and (4A) of the 2003 Act

Section 42(1), (2), (4) and (9)

Procedure for late applications: similar community bodies

For the purpose of making regulations under section 39(7)(c) of the 2003 Act

Section 44

Notification of transfer: specifications of maps, plans or other drawings

For the purpose of making regulations under section 41(3)(b) of the 2003 Act

Section 49

Appointment of person to conduct ballot on proposal to buy land: prescribed information to be provided to ballotter

For the purpose of making regulations under section 51A(2)(b) and (6) of the 2003 Act

Section 50

Consent under section 51 of the 2003 Act: prescribed information

For the purpose of making regulations under section 51B(2)(b), (3) and (4) of the 2003 Act

Section 52

Ballot not conducted as prescribed

For the purpose of making regulations under section 52(7) of the 2003 Act

Section 76

Meaning of “the 2003 Act” in Part 4 of the Act

Section 77(2) and (3)

Meaning of “community transfer body”

For the purpose of making orders

Section 78(2), (3) and (4)

Meaning of “relevant authority”

For the purpose of making orders

Section 81

Asset transfer requests: regulations

Section 82(8)(a) and (9)

Asset transfer requests: decisions

For the purpose of making regulations

Section 83(10)

Agreement to asset transfer request

For the purpose of making regulations

Section 85(3), (4) and (10)

Asset transfer requests: appeals

For the purpose of making regulations

Section 86(3), (4), (7)(b)(i) and (9)

Review by local authority

For the purpose of making regulations

Section 87(3), (4) and (9)

Review of decisions by the Scottish Ministers

For the purpose of making regulations

Section 88(3)

Appeals from reviews under section 86

For the purpose of making regulations

Section 89(2), (3) and (4)

Decisions by relevant authority specified under section 85(2)(c): reviews

For the purpose of making regulations or orders

Section 90(12), (13) and (14)

No concluded contract: appeals

For the purpose of making regulations

Section 94(4), (5) and (6)

Duty to publish register of land

For the purposes of making regulations and issuing guidance for the purposes of section 94 of the Act

Section 96

Guidance on asset transfer requests

For the purpose of issuing guidance for the purposes of Part 5 of the Act

Section 97

Interpretation of Part 5

Section 103

Guidance about common good registers

Section 105

Guidance about disposal etc. of common good property

Section 106

Interpretation of Part 8

Section 137

Guidance on allotments

For the purpose of issuing guidance under section 137(1) of the Act

Section 139(1) to (5) and (7)

Participation in decisions of certain persons exercising public functions

For the purpose of making regulations

Section 144(1) and schedule 4 so far as they relate to paragraph 8(1) and (2)(d) of schedule 4

Minor and consequential amendments: notice by Ministers of their decision whether or not a community interest is to be entered in the Register of Community Interests in Land

For the purpose of making regulations under section 37(18) of the 2003 Act

Section 144(1) and schedule 4 so far as they relate to paragraph 8(1) and (4)(a) of schedule 4

Minor and consequential amendments: ballot procedure: prescribed form of return

For the purpose of making regulations under section 52(3) of the 2003 Act

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Community Empowerment (Scotland) Act 2015 (“the Act”).

It commences from 13th November 2015 the provisions of the Act set out in the table in the Schedule, for limited purposes where specified. The relevant provisions contain Ministerial powers to make subordinate legislation and issue guidance.

The Bill for the Act received Royal Assent on 24th July 2015. Sections 141, 142, 143, 145 and 146 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by a commencement order made before the date of this Order.

Provision of the Act

Date of commencement

Instrument No.

Section 140

31st October 2015

S.S.I. 2015/344