Community Empowerment (Scotland) Act 2015

82 Asset transfer requests: decisions S

(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.

Commencement Information

I1 S. 82(1)-(7)(8)(b) in force at 23.1.2017 by S.S.I. 2016/363, art. 3(b)

I2 S. 82(8)(a)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

I3 S. 82(8)(a)(9) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363, art. 3(b)