Community Empowerment (Scotland) Act 2015 (Version in vigour from 2021-02-24 to )

Consolidated Text

As Enacted

Cited authorities 237

Cited in

Currency	No known outstanding effects
Coming into Force	24 February 2021

Contenidos

Community Empowerment (Scotland) Act 2015
PART 1: NATIONAL OUTCOMES

1: National outcomes

2: Review of national outcomes

3: Reports

PART 2: COMMUNITY PLANNING

4: Community planning

5: Socio-economic inequalities
6: Local outcomes improvement plan

7: Local outcomes improvement plan: review

8: Local outcomes improvement plan: progress report

9: Localities: comparison of outcomes

10: Locality plan

11: Locality plan: review

12: Locality plan: progress report

13: Governance

14: Community planning partners: duties

15: Guidance

16: Duty to promote community planning: The Scottish Ministers must promote community planning when carrying out any of their functions which might affect—

17: Establishment of corporate bodies

18: Interpretation of Part 2

PART 3: PARTICIPATION REQUESTS

Key definitions

19: Meaning of “community-controlled body”: In this Part, a “community-controlled body” means a body (whether corporate or unincorporated) having a written constitution that includes the following—
20: Meaning of “community participation body”
21: Meaning of “public service authority”

Participation requests

22: Participation requests
23: Regulations

Decisions about participation requests

24: Participation requests: decisions
25: Decision notice: information about outcome improvement process
26: Proposed outcome improvement process
27: Power to decline certain participation requests

Outcome improvement processes

28: Duty to establish and maintain outcome improvement process: A public service authority that gives notice under section 26(5) must—
29: Modification of outcome improvement process

Appeals and reviews

30: Regulations: appeals and reviews

Reporting

31: Reporting
32: Annual reports
33: Ministerial report

Guidance

34: Guidance

Interpretation of Part 3

35: Interpretation of Part 3

PART 4: COMMUNITY RIGHTS TO BUY LAND

Modifications of Part 2 of Land Reform (Scotland) Act 2003

36: Nature of land in which community interest may be registered
37: Community bodies
38: Modification of memorandum, articles, constitution or registered rules
39: Register of Community Interests in Land
40: Public notice of certain applications: In section 37 of the 2003 Act (registration of interest in land)—
41: Criteria for registration of interest in land: In section 38 of the 2003 Act (criteria for registration)—
42: Procedure for late applications
43: Evidence and notification of concluded missives or option agreements
44: Notification of transfer
45: Notice of expiry of registration
46: Changes to information relating to registered interests
47: Notification under section 50 of 2003 Act: In section 50 of the 2003 Act (power to activate right to buy land where breach of Part 2)—
48: Approval of members of community to buy land: In section 51 of the 2003 Act (exercise of right to buy: approval of community and consent of Ministers), in subsection (2)(a)—
49: Appointment of person to conduct ballot on proposal to buy land
50: Consent under section 51 of 2003 Act: prescribed information
51: Representations etc. regarding circumstances affecting ballot result
52: Ballot not conducted as prescribed
53: Period in which ballot results and valuations are to be notified
54: Exercise of right to buy: date of entry and payment of price: In section 56 of the 2003 Act (procedure for buying)—
55: Notification of application under section 57 of the 2003 Act
56: Valuation: views on representations and time limit: In section 60 of the 2003 Act (procedure for valuation)—
57: Expenses of valuation of land
58: Creditors in standard security with right to sell land: appeals: In section 61 of the 2003 Act (appeals)—
59: Appeals to Lands Tribunal as respects valuations of land
60: Calculation of time periods in Part 2 of 2003 Act
61: Duty to provide information about community right to buy

Modifications of Part 3 of Land Reform (Scotland) Act 2003

62: Crofting community bodies
63: Modification of memorandum, articles, constitution or registered rules: In section 72 of the 2003 Act (provisions supplementary to section 71)—
64: Application: information about rights and interest in land
65: Criteria for consent by Ministers: In section 74 of the 2003 Act (criteria for consent by Ministers), in subsection (1)—
66: Ballot: information and expenses
67: Application by more than one crofting community body
68: Reference to Land Court of questions on applications: In section 81 of the 2003 Act (reference to Land Court of questions on applications), in subsection (1)—
69: Valuation: views on representations and time limit: In section 88 of the 2003 Act (assessment of value of croft land etc.)—
70: Compensation
71: Land Court: reasons for decision under section 92: In section 92 of the 2003 Act (appeals to Land Court: valuation)—
72: Register of Crofting Community Rights to Buy
73: Meaning of creditor in standard security with right to sell

Abandoned, neglected and detrimental land

74: Abandoned, neglected and detrimental land

Mediation

75: Parts 2, 3 and 3A of Land Reform (Scotland) Act 2003: mediation

Meaning of “the 2003 Act”

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

PART 5: ASSET TRANSFER REQUESTS

Key definitions

77: Meaning of “community transfer body”
78: Meaning of “relevant authority”

Requests

79: Asset transfer requests
80: Community transfer bodies that may request transfer of ownership of land
81: Asset transfer requests: regulations

Decisions

82: Asset transfer requests: decisions
83: Agreement to asset transfer request

Prohibition on disposal of land

84: Prohibition on disposal of land

Appeals and reviews

85: Appeals
86: Review by local authority
87: Review of decisions by the Scottish Ministers
88: Appeals from reviews under section 86
89: Decisions by relevant authority specified under section 85(2)(c): reviews
90: No concluded contract: appeals
91: Effect of offers on appeals and reviews

Disapplication of certain lease restrictions

92: Disapplication of restrictions in lease of land to relevant authority

Power to decline subsequent...

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