Asset Transfer under the Community Empowerment (Scotland) Act 2015: Consultation on Draft Regulations

Closed 26 Jun 2016

Opened 17 Mar 2016

Feedback updated 10 Nov 2016

We asked

for your views on draft regulations relating to asset transfer under the Community Empowerment Act.  The regulations cover procedures for making and responding to requests, for review or appeal of decisions, and on registers of land. 

You said

We received 82 responses, of which 55 were from relevant authorities, and 16 were from organisations representing communities, or third sector organisations providing support to community bodies.  The majority of responses agreed with the proposed procedures.  Many comments addressed wider issues about asset transfer.  An analysis of the responses has now been published on the Scottish Government website.

We did

Two substantial changes have been made to the regulations:

  • Notices publicising asset transfer requests are to be “displayed in a public place in the vicinity of the land to which the request relates”, following concerns raised about the requirement to place a notice on the land, for remote sites.
  • Ministers will be required to appoint a panel of 3 people to consider appeals where no contract has been concluded.

A number of minor changes have also been made to clarify requirements and ensure consistency, and other issues and questions raised have been addressed in the guidance.

The draft final guidance is now available at

Results updated 10 Nov 2016

An analysis of the responses to this consultation has now been published


Published responses

View submitted responses where consent has been given to publish the response.


Community ownership or control of land and buildings can make a major contribution to empowering communities.  It helps to provide stability and a sustainable base from which a community organisation can develop its activities, and can create a stronger sense of community identity, cohesion and involvement.
Part 5 of the Community Empowerment (Scotland) Act 2015 provides a right for community bodies to request the transfer of land and buildings belonging to public authorities. The Act sets out a framework for the asset transfer scheme and gives the Scottish Ministers powers to make regulations to fill in the detail of the procedures to be followed.  This paper seeks views on draft regulations for making and responding to requests, for review or appeal of decisions, and on registers of land.  It also provides an indication of guidance and best practice to help relevant authorities develop or update their procedures.

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Click here to download a copy of the consultation paper

Why your views matter

It is important that we create a system for asset transfer that will work for everyone involved and all types of request. We have worked with a Steering Group of stakeholders with experience of asset transfer, from public authorities and community organisations, to develop these draft regulations.  We are now seeking wider views on the proposed procedures from relevant authorities, who will be required to implement them, and community bodies who may wish to use them.

What happens next

Following the closing date, all responses will be analysed and considered along with any other available evidence to help us produce the final regulations and guidance.  We expect to issue a report on the consultation and introduce regulations to the Scottish Parliament in September 2016. 


  • Communities and Third Sector
  • Public Sector