PART 8COMMON GOOD PROPERTY
Registers
I2102Common good registers
1
Each local authority must establish and maintain a register of property which is held by the authority as part of the common good (a “common good register”).
2
Before establishing a common good register, a local authority must publish a list of property that it proposes to include in the register.
3
The list may be published in such a way as the local authority may determine.
4
On publishing a list under subsection (2), the local authority must—
a
notify the bodies mentioned in subsection (5) of the publication, and
b
invite those bodies to make representations in respect of the list.
5
The bodies are—
a
any community council established for the local authority's area, and
b
any community body of which the authority is aware.
6
In establishing a common good register, a local authority must have regard to—
a
any representations made under subsection (4)(b) by a body mentioned in subsection (5), and
b
any representations made by other persons in respect of the list published under subsection (2).
7
Representations as mentioned in subsection (6) may in particular be made in relation to—
a
whether property proposed to be included in the register is part of the common good,
b
the identification of other property which, in the opinion of the body or person making the representation, is part of the common good.
8
A local authority must—
a
make arrangements to enable members of the public to inspect, free of charge, its common good register at reasonable times and at such places as the authority may determine, and
b
make its common good register available on a website, or by other electronic means, to members of the public.
I1103Guidance about common good registers
1
In carrying out any of the duties imposed on it by section 102, a local authority must have regard to any guidance issued by the Scottish Ministers in relation to the duties.
2
Before issuing any such guidance, the Scottish Ministers must consult—
a
local authorities,
b
community councils, and
c
such community bodies as the Scottish Ministers think fit.