PART 3PARTICIPATION REQUESTS
Decisions about participation requests
24Participation requests: decisions
1
This section applies where a participation request is made by a community participation body to a public service authority.
2
The authority must decide whether to agree to or refuse the participation request.
3
In reaching its decision under subsection (2), the authority must take into consideration the following matters—
a
the reasons set out in the request under section 22(2)(b),
b
any other information provided in support of the request (whether such other information is contained in the request or otherwise provided),
c
whether agreeing to the request mentioned in subsection (2) would be likely to promote or improve—
i
economic development,
ii
regeneration,
iii
public health,
iv
social wellbeing, or
v
environmental wellbeing,
d
whether agreeing to the request would be likely—
i
to reduce inequalities of outcome which result from socio-economic disadvantage,
ii
to lead to an increase in participation in the outcome improvement process to which the request relates by persons who experience socio-economic disadvantage,
iii
otherwise to lead to an increase in participation by such persons in the design or delivery of a public service the provision of which results in, or contributes to, the specified outcome mentioned in the request,
e
any other benefits that might arise if the request were agreed to, and
f
any other matter (whether or not included in or arising out of the request) that the authority considers relevant.
4
The authority must exercise the function under subsection (2) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.
5
The authority must agree to the request unless there are reasonable grounds for refusing it.
6
The authority must, before the end of the period mentioned in subsection (7), give notice (in this Part, a “decision notice”) to the community participation body of—
a
its decision to agree to or refuse the request, and
b
if its decision is to refuse the request, the reasons for the decision.
7
The period is—
a
a period prescribed in regulations made by the Scottish Ministers, or
b
such longer period as may be agreed between the authority and the community participation body.
8
The Scottish Ministers may by regulations make provision about—
a
the information (in addition to that required under this Part) that a decision notice is to contain, and
b
the manner in which a decision notice is to be given.