Community Empowerment (Scotland) Act 2015
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| Long title | An Act of the Scottish Parliament to make provision about national outcomes; to confer functions on certain persons in relation to services provided by, and assets of, certain public bodies; to amend Parts 2 and 3 of the Land Reform (Scotland) Act 2003; to enable certain bodies to buy abandoned, neglected or detrimental land; to amend section 7C of the Forestry Act 1967; to enable the Scottish Ministers to make provision about supporters’ involvement in and ownership of football clubs; to make provision for registers of common good property and about disposal and use of such property; to restate and amend the law on allotments; to enable participation in decision-making by specified persons having public functions; to enable local authorities to reduce or remit non-domestic rates; and for connected purposes. |
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| Citation | 2015 asp 6 |
| Introduced by | John Swinney, Cabinet Secretary for Finance, Constitution and Economy |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 24 July 2015 |
| Commencement | 15 April 2016 |
| Other legislation | |
| Relates to | Land Reform (Scotland) Act 2003 |
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Status: Current legislation
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| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Community Empowerment (Scotland) Act 2015 is an Act of the Scottish Parliament. The act is notable for expanding the Community Right to Buy established by the Land Reform (Scotland) Act 2003 to include urban communities and for introducing new powers for Scottish Ministers to compel owners of abandoned or neglected to land to interested community bodies.
Provisions of the act are spread over eleven parts, covering different areas relating to community empowerment and public participation in policy and planning.
Part 1, National Outcomes, requires Scottish Ministers to continue the existing practice of setting national outcomes for Scotland, to which public authorities, people and organisations are to have regard when carrying out public functions. Ministers must regularly report progress toward them and to review them at least every five years.
Part 2, Community Planning, creates a statutory basis for Community Planning Partnerships, imposing duties on them to involve community bodies in the delivery of local outcomes and to produce “locality plans” for particularly disadvantaged areas.
Part 3, Participation Requests, provides a mechanism for community bodies to request participation in services to improve local outcomes, which can include community bodies taking responsibility for the delivery of services.
Part 4, Community Rights to Buy Land, amends the Land Reform (Scotland) Act 2003 to extend the community right to by to communities of any size, allowing urban communities to register an interest in land granting them first right of refusal should the land come up for sale. The act also introduces a new community right to buy land which is abandoned, neglected or causing harm to the environmental wellbeing of the community. This allows Scottish ministers to compel private owners of land to community bodies if they deem the sale likely to contribute to sustainable local development.
Part 5, Asset Transfer Requests, provides community bodies with the right to request to purchase, lease, manage or use land and buildings held by local authorities, Scottish ministers and other Scottish public bodies, of which relevant authorities will be required to create and maintain a publicly available register. In deciding whether to agree to asset transfers, public bodies are to consider the reduction of inequalities though there is a presumption of agreement unless there are reasonable grounds for refusal.
Part 6, Delegation of Forestry Commissioners’ Functions, allows for different types of community body to be involved in forestry leasing and to request asset transfers from Scotland’s National Forest Estate.
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