PART 5ASSET TRANSFER REQUESTS
Decisions
82Asset transfer requests: decisions
1
This section applies where an asset transfer request is made by a community transfer body to a relevant authority.
2
The authority must decide whether to agree to or refuse the request.
3
In reaching its decision, the authority must take into consideration the following matters—
a
the reasons for the request,
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 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 to reduce inequalities of outcome which result from socio-economic disadvantage,
e
any other benefits that might arise if the request were agreed to,
f
any benefits that might arise if the authority were to agree to or otherwise adopt an alternative proposal in respect of the land to which the request relates,
g
how such benefits would compare to any benefits such as are mentioned in paragraphs (c) and (e),
h
how any benefits such as are mentioned in paragraph (f) relate to other matters the authority considers relevant (including, in particular, the functions and purposes of the authority),
i
any obligations imposed on the authority, by or under any enactment or otherwise, that may prevent, restrict or otherwise affect its ability to agree to the request, and
j
such other matters (whether or not included in or arising out of the request) as 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
In subsection (3)(f), an “alternative proposal” includes—
a
another asset transfer request,
b
a proposal made by the authority or any other person.
7
The authority must, within the period mentioned in subsection (8), give notice (in this Part, a “decision notice”) to the community transfer body of—
a
its decision to agree to or refuse the request, and
b
the reasons for its decision.
8
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 transfer body.
9
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.