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Community Asset Transfer and Participation Requests- Annual Report for 2021-2022

North Lanarkshire Council · 22 August 2022
Back to People and Communities Committee — 22 August 2022 and its agenda

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North Lanarkshire Council
Report
People and Communities Committee 
Does this report require to be approved? ☒ Yes   ☐ No
Ref SP/LP/GS Date 22/08/22 
Community Asset Transfer and Participation Requests: 
Annual Report for 2021/2022 
From  Stephen Penman, Head of Strategic Communication  
E-mail penmanste@northlan.gov.uk
pollockle@northlan.gov.uk 
Telephone  
07814916564 
Executive Summary 
The purpose of this report is to provide the People and Communities Committee with the
annual progress report regarding Community Asset Transfer (CAT) and Participation
Requests (PR) in North Lanarkshire. The report has been prepared in line with the
legislative requirements set out in Parts 3 and 5 of the Community Empowerment
(Scotland) Act 2015 requiring relevant authorities to publish an annual report setting out
the number of requests received and the outcome of these. A summary of this report will
be published and made available online to communities. 
Recommendations 
It is recommended that the People and Communities Committee:
(1) Acknowledge the progress made in implementing the North Lanarkshire Community
Asset Transfer (CAT) and Participation Request approach and the level of support
being provided to groups and organisations engaged in the process. 
(2) Recognise the number of Community Asset Transfer requests, requests agreed or
refused, whether they resulted in transfer of ownership, lease or conferral of other
rights, number of appeals, and number of decisions made by the council that have
been reviewed and the level of capacity building support being provided to groups and
organisations engaged in the process; and 
(3) Approve the official annual return for submission to the Scottish Government.
(4) Authorise the publication of this report and the annual Scottish Government return to
meet the requirements under Section 95 of the Community Empowerment (Scotland)
Act 2015for Local Authorities to produce and publish an annual report on Asset
Transfer Request activity.
The Plan for North Lanarkshire
Priority  All priorities
Ambition statement (19) Improve engagement with communities and develop their
capacity to help themselves

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1. Background 
1.1 The Community Empowerment (Scotland) Act 2015 came into force in July 2015. The
Act requires Local Authorities to engage with communities and the voluntary sector to
deliver effective services in partnership to meet local need. Community Asset Transfer
is covered under part 5 of the Act and Participation Request requests are covered under
Part 3 of the Act. 
1.2 The council’s Corporate Community Ownership and Management Working Group
oversees delivery of the process (This working group replaced the previously named
Corporate Community Empowerment Working Group). 
1.3 To date there has been a focus on ensuring that the council’s processes reflect the
requirement to: - 
• empower community bodies through the ownership of land and buildings and
strengthening their voices in the decisions that matter to them; 
• focus on achieving outcomes and improving the process of community planning
through community participation;
• implement, and continue to review, the CAT and PR policy and process approved
by the Community Empowerment Committee in April 2020 reflecting The Plan for
North Lanarkshire and other national review and guidance. 
1.4 Following initial engagement with organisations and groups who have expressed an
interest in a CAT. Support is provided by key staff to assist them to understand the
process and requirements and to advise them on the importance of self-assessing their
‘readiness’ and capacity to take on an asset. 
1.5 On receipt of a CAT application request made under the terms of the Community
Empowerment Act, the formal process is started. This involves convening a CAT
scoring panel, consisting of key officers from across council services. The scoring panel
undertake an initial assessment based on approved assessment criteria. Thereafter the
CAT Leadership Group made up of the Head of Strategic Communication, Head of
Asset and Procurement Solutions and the Head of Service who has responsibility for
the asset are presented with the assessment information to consider and make
recommendations to the committee for the relevant holding service. 
1.6 The Participation Requests process reflects the very specific guidance associated with
Part 3 of the Act. 
2. Report 
2.1 Community Asset Transfer update
2.1.1 Between the 1st of April 2021 and the 31st of March 2022 there have been a total of 16
new enquires relating to CAT. Combined with 10 ongoing enquiries from the previous
year; has meant officers involved in the CAT process have been engaging and
supporting 26 organisations and groups all at different stages of the CAT process.

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2.1.2 Table 1 below summarises the enquiries/submissions received between 1st April 2021
and 31st March 2022
Table 1 Community Asset Transfer enquiries/submissions as of 31st March 2022 
Classification Number
Ongoing enquiries from 2020-21 period 10
Number of new initial telephone / email
enquiries received
10
Number of new web enquiries received 6
Total number of new enquiries 16
Total number of ongoing / incoming
enquiries
26
Enquiries leading to formal CAT
applications being submitted
3
Further breakdowns 
Number of successful CAT applications
determined
1
Number of unsuccessful CAT
applications determined
1    
Unsuccessful CAT applications that went
to authority appeal or ministerial review 
1
Number of applications withdrawn 1
Number of CAT applications yet to be
determined
0
Enquiries resulting in other ownership or
management options
3
Enquiries withdrawn 1
Number of ongoing enquiries 19
Anticipated / applications pending 7
Enquiries with limited or no progress to
report
12 
2.1.3 While not all enquiries result in a formal CAT, the focus is on securing the best outcome
for all parties which can range from full transfer or lease to partnership arrangements
with the Council. A detailed breakdown of CAT activity is provided in Appendix 1 to this
report. 
2.2 CAT - Key highlights for 2021/22:
2.2.1 Several key highlights from the last reporting year include:
• Conclusion of the CAT request from Viewpark Gardens Trust, with a successful
outcome in favour of the group for a CAT lease at a peppercorn value, reflecting
the implied community benefit value of the developments and activities being
planned by the organisation
• Favourable consideration to the CAT request from Palacerigg Community Trust for
plots of land, two longhouses, meadows and fields; and the former visitors centre
within Palacerigg Country Park. This has resulted in a successful outcome for the
organisation who are now collaborating with the council to enable a lease
agreement to be put in place. This will provide the organisation with security to start
to deliver a comprehensive business plan to reinvigorate and increase access and
usage of this valuable country park.

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• During the reporting period, enquiries and expressions of interests have been
received from all nine community board areas. The awareness of the CAT process
is increasing, with more organisations are making early contact for advice,
guidance, and support. Some organisations expressing an interest have started to
organise themselves in advance of entering the process to ensure that they are in
a solid starting position.
• Several organisations have approached the council about CAT in relation to
common good properties/land. This is a complicated matter and legal services have
been exploring options around a corporate approach to considering and responding
to enquiries of this nature
• Many organisations have received developmental support, guidance, or advice
from the community partnership team to assess their capacity and to agree the best
outcome for them in line with their organisational aspirations. Organisations have
been appreciative of this initial offer of support.
2.2 Participation Requests
2.2.1 Part 3 of the Act (Participation Request) relates to extending and improving outcomes
for communities. The legislation enables communities to request participation in
decisions and processes which are aimed at improving outcomes for local people.
2.2.2 Since the 1st of April 2021 and the 31st of March 2022 there have been a total of five
enquiries, with one participation carried over from previous year. Of these six enquires
three formal participation requests have been submitted. A detailed breakdown of the
participation requests is included in Appendix 2
Table 2 below summarises the enquiries/submissions received between 1st April 2021 and
31st March 2022
Table 2 Participation Request enquiries/submissions as of 31st March 2022 
Classification Number
Ongoing enquiries from 2020-21 period
(delayed due to COVID-19 restrictions)
1
Number of new participation request
enquiries 2021-22
4
Total number of ongoing/incoming PR
enquiries
5
New enquiries leading to formal
PRequest applications
2
Number of participation requests with
successful outcomes agreed
3 (one from 2020/21 period)
Number of unsuccessful participation
requests determined
0
Number of enquiries withdrawn 1
Number of applications yet to be
determined
0
Number of PR requests pending 1

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2.3 Participation Requests - Key highlights for 2021/22:
2.3.1 Key updates for 2021/22 include:
• Three successful outcomes agreed for villages within the Northern Corridor
community board area (Gartcosh, Stepps and Cardowan). 
• All successful requests related to community organisations supporting North
Lanarkshire Council by taking responsibility for local greenspace and streetscape /
environmental improvements
2.4 Capacity Building Support for CAT & PR requests
2.4.1 Whilst the number of groups successfully completing the full CAT process is relatively
low, pre-application support is being provided to several groups following early
expression of interest or enquiry around the CAT or PR process. This is to ensure that
the groups understand the process and any associated requirements and are
supported to use the ‘participation’ approach that best reflects their needs with a focus
on positive outcomes for local communities. A few groups and organisations are
receiving support to further develop their capacity. This can be resource intensive,
however the council is committed to ensuring that it does not transfer the burden of
property or land to an organisation who do not have the capacity or long-term
sustainability to make the transfer work for the organisation itself and therefore also the
community. 
2.4.2 It is likely that requests for support will increase again now that pandemic restrictions
have been fully lifted. The provision of support is crucial and enables organisations to
submit more rounded well considered applications and importantly to improve their own
capacity to manage community assets.
2.5 Promotion and Awareness Raising
2.5.1  Work will continue to better promote and raise awareness of the various participation
tools and approaches linked to CAT and PR. Examples of this work include:  
• A dedicated area on the council website for CAT requests can be accessed here.
Any current CAT requests and associated documentation is published here
together with all relevant information, guidance, documents to guide organisations
through the CAT process and a self-assessment tool.;
• an interactive list of council properties has been published on the council website
to enable groups who are interested in considering CAT to search for property in
specific areas; 
• the Common Good Register is available on the council website here;
• A series of awareness raising animations have been produced relating to key
elements of Community Participation and can be accessed in the links below 
- Getting Involved in your Community (Community Boards and local
community planning)  - click here 
- Community Asset Transfer – click here 
- Participation Requests – click here 
- Participatory Budgeting – click here 
• CAT and PR briefings will form part of the Development Programme for the nine
Community Boards
• CAT briefing sessions for elected members are available and will be rolled out to
more recently elected Councillors .

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2.6 Future Priorities 
2.6.1  Building on the progress to date in implementing the Community Asset Transfer and
Participation Requests policy, a key area of focus is ensuring that the process moves
at an appropriate pace. To achieve this, an updated action plan for the Corporate
Community Ownership and Management of Assets working group has been created.
The key priorities include: - 
• Continuing to develop and manage Community Asset Transfer and Participation
Request process in line with part 5 of the Community Empowerment Act
• Develop a shared understanding of the council estate and the parameters for
community ownership
• Design and implement a shared assessment for all ownership and management
requests
• Develop a corporate approach to enable the council to agree discounted leasing
agreements with organisations with charitable aims where it is mutually beneficial
to agree out with the CAT process
• Development of Capacity Building Support offer which is proportionate to the
aspirations of the organisations 
• Develop and implement a communication and implementation plan
This Implementation Plan will be the subject of a future report to Committee 
2.7 Annual data return for the Scottish Government
2.7.1 All relevant authorities concerned with asset transfer under schedule 3 of the
Community Empowerment (Scotland) Act 2015 are required to submit an annual
return to the Scottish Government. The Scottish Government provides a template to
use for this purpose.
2.7.2 Appendix 4 contains the completed template for North Lanarkshire Council and
contains key data for the period 1 April 2021 to 31 March 2022. The information
provided in the template will help inform policy and practice at a local and national
level. The data will be collated and shared by the Scottish Government’s Community
Empowerment Team.  
2.7.3 This annual report and the return to the Scottish Government contained within it, will
be made publicly available to meet our requirements for reporting updates and
progress to the olpublic. 
3. Measures of success 
3.1  Performance measures in respect of Community Asset Transfer and Participation
Requests have now been included in the Plan for North Lanarkshire – Strategic
Performance Framework. The performance measures cover the following: - 
• number of successful Participation and CAT requests
• number of community groups engaged in Participation and CAT requests;
• support provided to community groups and organisations as a result of initial CAT
or PR enquiries; and
• positive outcomes or referrals as a result of initial CAT or PR enquiries.

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4. Supporting documentation 
4.1 Appendix 1 – Summary of Community Asset Transfer activity
4.2 Appendix 2 – Summary of Participation Request activity
4.3 Appendix 3 – Community Asset Transfer Policy
4.4 Appendix 4 – Annual Data Return for the Scottish Government   
Stephen Penman
Head of Strategic Communication

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5. Impacts 
5.1 Public Sector Equality Duty and Fairer Scotland Duty
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
If Yes, has an assessment been carried out and published on the council’s website?
https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer-
scotland-duty-impact-assessments
Yes ☐ No ☐
5.2 Financial impact
Does the report contain any financial impacts?
Yes ☒ No ☐
If Yes, have all relevant financial impacts have been discussed and agreed with
Financial Solutions?
Yes ☒ No ☐
If Yes, please provide a brief summary of the impact? 
Successful CAT requests may impact on the Council’s income in terms of revenue
income and capital receipt. The implications of this could be both negative and
positive and will be considered alongside risk and community benefit to contribute to
determining the outcome of a CAT request.
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts?
Yes ☐ No ☒
If Yes, have all relevant HR impacts have been discussed and agreed with People
and Organisational Development?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)?
Yes ☒ No ☐
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic Solutions?
Yes ☒ No ☐
If Yes, please provide a brief summary of the impact? 
The Community Asset Transfer and Participation requests process has been
implemented and reviewed, in accordance with the Council’s statutory duties as
outlined in the Community Empowerment (Scotland) Act 2015 and the Asset
Transfer under the Community Empowerment (Scotland) Act 2015 Guidance for
Relevant Authorities.
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?  
Yes ☒ No ☐
If Yes, is the processing of this personal data likely to result in a high risk to the data
subject?
Yes ☐ No ☒
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☒

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5.6 Technology / Digital impact
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management, or
connectivity / broadband / Wi-Fi?
Yes ☒ No ☐
If Yes, please provide a brief summary of the impact?
Discussion underway to improve corporate approach and use of techbnology to
improve internal and external processes and information sharing. Business
Intelligence Team representation on the Corporate Community Ownership Working
Group has ensured links and progress 
Where the impact identifies a requirement for technology, has an assessment been
carried out (or scheduled) by the Enterprise Architecture Governance Group
(EAGG)? 
Yes ☒ No ☐
5.7 Environmental / Carbon impact
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters?
Yes ☒ No ☐
If Yes, please provide a brief summary of the impact? 
Several of the projects will have a positive effect on the local environment,
contributing to safer areas to play and addressing issues traffic congestion in specific
areas. 
5.8 Communications impact
Does the report contain any information that has an impact on the council’s
communications activities?
Yes ☒ No ☐
If Yes, please provide a brief summary of the impact? 
The Participation Request and CAT process supports the Council’s ability to meet
the requirements of the Climate Change (Scotland) Act 2009 public sector duties. 
5.9 Risk impact
Is there a risk impact?
Yes ☒ No ☐
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service
or Project Risk Registers), and how they are managed? 
Insert info from risk document
Ongoing consideration as part of the corporate risk management approach linked to
the implementation of the Community Empowerment (Scotland) Act 2015

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Appendix 1
Community Asset Transfer Activity for 2021/22
a) Ongoing enquiries from 2020-21 period: (10) 
Organisation/group  Asset 
1 Villa Park Football Club Calder Park football pitches
(Motherwell)
2 Chapelhall youth Development Group Chapelhall Senior Citizens Centre
3 Kilsyth Pipe Band The Pipe Band Centre, Kilsyth
4 Motherwell Veterans Group Motherwell Veterans Centre
5 North Lanarkshire Muslim Women & Family Alliance Old Monklands Community Centre
6 Palacerigg Community Trust Palacerigg community park Specific
fields and buildings
7 You Are My Sunshine (YAMS) Newarthill Library
8 Kilsyth Athletic Football Club St Patrick’s sport field and pavilion
9 Watch us Grow Palacerigg House and gardens
10 Viewpark Gardens Trust Viewpark Garden              
b) Number of new initial telephone / email enquiries for 2021-22: (10) 
Organisation/group  Asset 
1 Made 4u in ML2 Greenfield Drive, Cambusnethan,
Current leased accommodation
2 Pauls Parcels Shotts First Stop Shop
3 Airdrieonians Football Club Craigneuk sport pitches (common
good site)
4 Cardowan Community Meadow Various pockets of land, Cardowan
area
5 Tryst Handball Club Tryst Sports Centre
6 Airdrie Citizens Advice Bureau Various town centre locations for
office space and shared community
hub
7 Potential new charity / community interest company Burngreen Tennis Courts, Kilsyth
(common good property)
8 St Augustine’s RC church / Stay Connected Shawhead Community Centre
9 Lanarkshire Muslim Welfare Society Property in Bellshill area for Islamic
community centre
10 Palacerigg Archers Land within Palacerigg Park

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c) Number of new web enquiries received for 2021-22: (6) 
Organisation/group  Asset  Enquiry
1 Bridgend Boys Club Two sections of land at
Auchengeich, Moodiesburn
Lease or ownership
2 Fir Park Corner Football pitch and pavilion at
Castlehill Road, Overtown
Lease or ownership
3 Muirhouse and Flemington Community Interest
Company / community council
Shields glen park in Muirhouse and
Flemington
Lease
4 Cumbernauld Cottage Trust  Old Cumbernauld Theatre Ownership
5 Harthill Village Hall Group Harthill Village Hall (former senior
citizens centre)
Ownership
6 Palm Church, Airdrie Rochsoles Community Centre Ownership 
Total number of ongoing / incoming enquiries for 2021-22: (26) 
Status logs for 2021-22: 
d) Enquiries leading to formal CAT applications being submitted: (3) 
Organisation/group  Asset  Enquiry Outcome
1 Palacerigg Archers Land within Palacerigg Park Ownership Withdrawn 
2 Palacerigg Community Trust Fields and buildings within
Palacerigg Park
Lease Successful
Leasing terms currently being finalised
3 Viewpark Gardens Trust Viewpark Gardens Lease Initial outcome:  Unsuccessful
NLC appeal: decision upheld
Ministerial appeal: decision overturned and
declared successful 
End outcome: Successful             
e) Enquiries resulting in other ownership or management options: (3) 
Organisation/group  Asset  Outcome
1 Your Are My Sunshine (YAMS) Newarthill Library Licence to occupy / operate
2 Watch Us Grow Palacerigg House, Gardens and Offices Commercial lease
3 Kilsyth Athletic Football Club St Patrick’s sports field and pavilion  Management arrangement / partnership with NLC –
Active & Creative Communities

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f) Enquiries withdrawn: (1)
1 Cardowan Community Meadow Various pockets of land, Cardowan area   
g) Pending formal CAT applications: (7) 
Organisation/group  Asset  Enquiry
1 Bridgend Boys Club Two sections of land at
Auchengeich, Moodiesburn
Lease or ownership
2 Fir Park Corner Football pitch and pavilion at
Castlehill Road, Overtown
Lease or ownership
3 Muirhouse and Flemington Community Interest
Company / community council
Shields glen park in Muirhouse and
Flemington
Lease
4 Cumbernauld Cottage Trust  Old Cumbernauld Theatre Ownership
5 Harthill Village Hall Group Harthill Village Hall (former senior
citizens centre)
Ownership
6 Palm Church, Airdrie Rochsoles Community Centre Ownership
7 North Lanarkshire Muslim Women & Family Alliance Old Monklands Community Centre Lease or ownership 
Total number enquiries with status updates for 2021/22: (14) 
h) Enquiries with limited or no progress to report: (12) 
Organisation/group  Asset  Notes / update
1 Villa Park Football Club Calder Park football pitches
(Motherwell)
This site is a common good property.
Legal enquiry underway, to
determine if CAT can apply to site.
No formal application made.
2 Chapelhall Youth Development Group Chapelhall Senior Citizens Centre New community steering group
being created to lead on developing
community solution 
3 Kilsyth Pipe Band The Pipe Band Centre, Kilsyth Information and advice offered. No
formal submissions made
4 Motherwell Veterans Group Motherwell Veterans Centre Information and advice offered. No
formal submissions made
5 Made 4u in ML2 Greenfield Drive, Cambusnethan,
Current leased accommodation
Information and advice offered. No
formal submissions made
6 Pauls Parcels Shotts First Stop Shop Operational property. Organisation
will keep their enquiry under review.
7 Airdrieonians Football Club Craigneuk sport pitches (common
good site)
This site is a common good property.
Legal enquiry underway, to

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determine if CAT can apply to site.
No formal application submitted.
8 Tryst Handball Club, Cumbernauld Tryst Sports Centre Information and advice offered. No
formal submissions made.
Organisation happy enter into
discussions with Active & Creative
Communities
9 Airdrie Citizens Advice Bureau Various town centre properties Information and advice offered. No
formal submissions made.
Organisation plan to submit initial
web enquiry with further information.
10 Potential new charity / community interest company Burngreen Tennis Court, Kilsyth This site is a common good property.
Legal enquiry underway, to
determine if CAT can apply to site.
Significant work required to set up
appropriate CAT body.
11 St Augustine’s RC church / Stay Connected Interested in community centre
within Coatbridge area
Information and advice offered. No
formal submissions made.
12 Lanarkshire Muslim Welfare Society Holytown Community Centre Recent request, organisation at early
stages, they are also considering
new build options.

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Appendix 2 
Participation Request Activity for 2021/22 
a) Ongoing enquiries from 2020-21 period: (1) 
Organisation/group  Asset  Details
1 Gartcosh Tenants & Residents Association Open space next to Village  Support NLC – street scene by
taking over responsibility for
maintenance of the site and to utilise
as a village square / garden 
b) Number of new participation request enquiries for 2021-22: (4) 
Organisation/group  Asset  Details
1 Cardowan Community Meadows Open space on behind houses on
Comedie Road
Support NLC – street scene by
taking over responsibility for
maintenance of the site and to utilise
as a village square / garden
2 Pauls Parcels Torbothie open space (junction of
Southfield Avenue and Torbothie
Road)
Utilise open space area as a
community garden
3 Auchinloch Community Council Public right of way between
Auchinloch and Stepps
Expression of interest to work with
NLC to improve public right of way,
to improve connections between
Auchinloch and other Northern
Corridor villages
4 Stepps Community Development Trust Flowerpots and planters along Main
Street in Stepps
To support NLC by taking over
responsibility for maintenance and
upkeep of planters      
Total number of ongoing/incoming PR enquiries: (5)

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c) New enquiries leading to formal participation request application: (2) 
Organisation/group  Asset  Details
1 Cardowan Community Meadows Open space on behind houses on
Comedie Road
Support NLC – street scene by
taking over responsibility for
maintenance of the site and to utilise
as a village square / garden
2 Stepps Community Development Trust Flowerpots and planters along Main
Street in Stepps
To support NLC by taking over
responsibility for maintenance and
upkeep of planters 
d) Number of participation requests with successful outcome: (3) 
As per section C above plus:  
Gartcosh Tenants & Residents Association Open space next to Village  Support NLC – street scene by taking
over responsibility for maintenance of
the site and to utilise as a village
square / garden 
e) Number of unsuccessful participation requests determined: (0) 
f) Number of withdraw enquiries: (1) 
Organisation/group  Asset  Details Update
1 Pauls Parcels Torbothie open space (junction of
Southfield Avenue and
Torbothie Road)
Utilise open space area as a
community garden
Site of interest has been
declared surplus, and
organisation has withdrawn
request in favour of a lease /
rental arrangement. Process is
currently underway, but remains
to be completed 
g) Number of applications to be determined: (0)

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h) Number of pending participation requests: (1) 
Organisation/group  Asset  Details Update
1 Auchinloch Community Council Public right of way between
Auchinloch and Stepps
Expression of interest to work with NLC 
to improve public right of way, to improve 
connections between Auchinloch and other 
Northern Corridor villages
Informal discussions
with relevant council
service being
considered in the first
instance. Formal PR
may follow

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Appendix 3
Community Asset Transfer Policy
NORTH LANARKSHIRE COUNCIL
COMMUNITY ASSET TRANSFER POLICY
(Under Part 5 of the Community Empowerment Act)     
1.  Vision 
North Lanarkshire Council (NLC) has a long history of supporting and
working with local communities and recognises the important contribution
that this makes to improving outcomes for local residents particularly
those experiencing the highest levels of inequality. 
NLC welcomes the focus placed on empowering and supporting local
people to play a more active role in improving their communities as
outlined in the Community Empowerment (Scotland) Act 2015.
Community Asset Transfer (CAT) can have a significant impact on
realising opportunities for community empowerment, enterprise and
community led regeneration in North Lanarkshire. NLC is committed to
working with communities to support CAT requests as a potential
mechanism for encouraging community ownership and involvement in
local service delivery.      
NLC is fully committed to maximising its assets, building on existing
partnership working with communities against an agreed set of criteria in
order to support and deliver the ambitious vision set out in The Plan for
North Lanarkshire (TPFNL). The Council will work with community
planning partners where appropriate to implement joint approaches to
support communities to actively participate in the development and
delivery of shared priorities. This policy will support CAT as a mechanism
by which NLC will demonstrate its continued commitment to engagement
and partnership working with the community and voluntary sector to
deliver effective local services. 
NLC fully supports the underpinning principles of CAT and endeavours to
positively support communities throughout the CAT process. However,
there may be times that in order to protect the interests of the wider
community, assets may need to remain in Council ownership to support
the delivery of essential services or support economic activity in the area.
Each case will be fully considered on its merits in line with the CAT
guidance associated with part 5 of the Community Empowerment
(Scotland) Act 2015 and the Councils CAT policy and process. 
2.  Community Empowerment (Scotland) Act 2015 
This policy responds to the framework for CAT requests set out in the
Community Empowerment (Scotland) Act 2015 and provides the basis
upon which the Council will manage requests for the transfer of assets
(buildings or land owned by the Council) made under the Part 5 of the
Act. The aim of the policy is to set out a consistent approach and clear

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guidance for consideration of transfer of assets (including land and
buildings) by the 
Council to relevant community groups and organisations (herein referred
to as the Community Controlled Body or CCB) in the spirit of community
empowerment and ownership 
CAT involves the right for a CCB to request to manage, lease or own an
asset that is currently owned (or in some circumstances leased) by North
Lanarkshire Council. The Council has developed a transparent process
for CAT that takes into consideration community benefit, potential impact
on council services and long term sustainability at all stages from pre
request discussion to decision and where relevant, appeal.     
The policy will be implemented in-line with the Council’s statutory
obligations for CAT outlined in part 5 of the Community Empowerment
(Scotland) Act 2015    
3.  Scope of North Lanarkshire Council Community Asset Transfer Policy    
This policy applies to all Council staff receiving CAT requests and/or
managing an opportunity for CAT. The policy also provides guidance to
communities wishing to submit an Asset Transfer Request (ATR). 
Community Asset Transfer refers to the policies and associated
procedures that relevant authorities (including local authorities) may use
to transfer the ownership, lease or management of an asset to a
community controlled body under part 5 of the Community Empowerment
(Scotland) Act 2015. Community Asset Transfer can occur in a range of
ways including:-    
• new management agreements for an existing facility or land;  
• leases (including maintenance of the property/land in accordance
with lease terms and conditions); and transfer of ownership.    
4.  Community Benefit and Eligibility      
The Council has identified a ‘First Point of Contact’ officer for CAT
enquiries in order to provide guidance to community group’s to assess
their eligibility to become a Community Controlled Body, to signpost for
additional support as required and to ensure that the agreed process is
understood and adhered to.  This will involve checking with the
organisation that they meet the criteria to become a Community
Controlled Body (CCB) and are able to enter into a lease or contract with
the Council under the terms of the Act. For example in order to be
considered as a CCB the operation, governance and practice of the
group must reflect:- 
• That the group is controlled and managed by community members
and ensure that membership is open to any adult who wishes to join;

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• An asset clause stating that any profits can only be used to benefit
that community and in accordance with the aims and objectives of
the organisation (as set out in their constitution or incorporation
documents; 
• If the request is for transfer of title (ie ownership) the CCB needs to
be a not for profit organisations; and 
• a clear Dissolution clause that states that the assets of the company
can only go to another CTB or charity.    
Certain bodies are not automatically eligible for CAT unless designated
by Scottish 
Ministers for example Community Interest Companies (CICS),
Community Trusts, Foundations or enterprising Voluntary and Community
organisations. Where relevant the rules of these types of organisations
would need to be examined to make sure they were eligible. 
Companies or other organisations established for profit, for the benefit of
private shareholders or to generate equity through ‘for profit’ objectives,
are not eligible to apply for asset transfer under Part 5 of the Community
Empowerment Act whether in part or as a whole but may engage with the
Council as part of a wider asset management process to negotiate a
mutually agreeable outcome. 
Additionally, any potential CCB will be encouraged prior to submitting an
official request to consider how they will evidence that the purposes for
which they intend to use the asset they are requesting is for community
benefit through:-  
• contribution to a developing a sustainable community; 
• empowering local communities; 
• ensuring equality of access and benefit; 
• improved quality and efficiency of service; 
• demonstrating and enhancing social value; 
• partnership working with other community and voluntary sector
organisations; and 
• assisting local communities to achieve their aspirations.    
5.  Underpinning Principles of Community Asset Transfer 
The following principles govern the Council’s approach to Community
Asset Transfer:- 
• the Council welcomes community interest and requests to improve
use and potential for building and land assets; 
• applications to transfer assets for community benefit/interest will be
considered by the Council in line with the CAT process  
• Requests relating to a Council asset will be considered on an
individual basis and may therefore result in terms of agreement
reflecting the circumstances of the individual case and asset; 
• the consideration of expressions of interest and fully developed
requests for transfer of an asset should be managed in a manner that
promotes positive partnership working throughout the CAT process
and beyond any potential handover;

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• CAT requests should demonstrate that they meet the eligibility and
criteria and provide all information outlined in section 6 of this
document. 
6.  Implementation of CAT process 
Any Community CCB considering CAT as an option should, in the first
instance, speak to the Council’s First Point of Contact who will provide
information regarding the process and basic requirements and direct the
group to self-assess their eligibility and readiness through the CAT page
on the Councils website. At this point, where it is evident that the group
does not meet basic eligibility criteria, and as appropriate the group may
be signposted for additional support or information to assist them to meet
their aspirations in the future. The Council will accept a CAT request
which can demonstrate clear benefits to communities and the capacity of
the group to deliver/manage services/assets should the application be
successful. The application will be considered where eligibility seems
apparent and the group will be advised of the CAT process including
timescales.  
CAT Process    
The community transfer body will be supported to submit their formal
request in writing stating that the application is being made under Part 5
of the Community Empowerment (Scotland) Act 2015. The request must
detail:- 
• the land or building being requested;  
• if purchase or rental is being requested and the cost that the
community transfer body is prepared to pay along with any other
relevant terms and conditions;  
• the intended use of the land or building; 
• how the CCB will fund and manage its plan for the CAT; 
• how the CAT will help the community and that there is support for the
proposal from the wider community; 
• the community transfer body’s rules, or a note that the group has been
designated by the Scottish Ministers; and 
• details of project beneficiaries and how the proposed activity will
address current gaps or complement / add value to existing service
provision. 
On receipt of the completed request the validation date is set and the
Council must acknowledge the request and communicate a decision
within 6 months of this date unless an alternative timescale has been
formally agreed between the two parties. The Council will inform those
who may own, rent or use the land or building about the request, as well
as publicising the request online for a 4 week consultation period.   The
Council will publish online information relating to live CAT requests
ensuring that GDPR guidance is adhered to. 
The Council will not dispose of, or sell land, to anyone except for the CCB
submitting the request until the request has been concluded. Where the
asset has already been advertised for sale or lease before the request
was made the Council is unable to accept or progress with the CAT.
Acknowledgement of the request will clearly state the Council’s position

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in relation to whether a ban on sale or lease to other people applies or if
any other asset transfer requests had been received for this asset. 
The CCB will be advised in writing of the outcome of the application and where the
application is refused provided with information and signposting to assist them to
develop or if appropriate to meet their aspirations in relation to CAT. Depending upon
the reasons for refusal the group may be referred for direct support or assistance.
The group has a right to an internal review (setting out their reasons why) by the
Council initially and can further appeal to Scottish Ministers if they are not satisfied
with the outcome of internal review. A CCB cannot make another CAT request for the
same asset within 12 months with the same terms. 
7.  Decision Making     
7.1  Assessment Decision 
A CAT Steering Group made up of key officers from across Council
services including the holding service for the relevant asset and
representatives of key areas of business such as property, legal, finance
and communities will assess the CAT request and present evidence
based on the assessment criteria (appendix 1) to the CAT Leadership
Group. The CAT Leadership Group is made up of:- 
• Head of Asset and Procurement Solutions 
• Head of Strategic Communication 
• Head of the holding service for the specific asset being assed  
• Head of Legal and Democratic Services and the Head of Financial
Solutions can be called upon to participate as required 
The CAT Leadership Group will make recommendations regarding the
request to the committee relating to the holding service for the asset for
endorsement. The CCB is then informed of the decision within timescales
agreed earlier in the process. An annual report relating to all CAT
requests and their outcome will be reported to Policy and Strategy
Committee annually. 
The Council may call upon specialist advisors to provide advice and
inform the decision making process. Once the validation notice is issued
a decision will be taken and communicated within 6 months. Should an
extension be required this can be proposed in writing to the CCB and
mutually agreed.         
7.2  Successful Outcome 
In line with statutory guidance, the outcome of any CAT request will be
communicated to the CCB within 6 months of the validation notice date.
Where a decision is in favour of the community group, discussion will
take place as to the terms of the CAT and the relationship between the
Council and CCB in meeting these terms including financial agreements
for sale or rental of the property or land. The CCB must then make the
Council an offer and the expectation outlined in the statutory guidance is
that a contract would be agreed within 6 months of the offer being
received. It is acknowledged that this timescale may not always be
achievable due to matters outwith the control of both parties and

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therefore agreement may be reached with the Council or imposed by
Scottish ministers to allow for more time to conclude the process     
7.3  Unsuccessful Outcome – Review and Appeal Process    
Where a CAT request is unsuccessful the CCB may request that the
Council review their decision and this review must be undertaken by
Elected Members.  The Community Asset Transfer (CAT) Review Panel
is made up of a group of 8 cross party Elected Members.  Decision
making relating to reviews is the responsibility of CAT Review Panel. The
internal review process must be politically led and Council officers can act
only in an advisory capacity to the review panel. Where a CCB disagrees
with a proposed decision they can appeal to Scottish Ministers for final
determination. 
It should be noted that members from the local area where the appeal
has been received from will not be able to participate in the review
process.  If the CCB is not satisfied after the review, they can appeal to
the Scottish Ministers. A CCB can ask for a review or appeal if the
Council:- 
• does not agree to their asset transfer request; 
• does not make a decision by the time it should have; and 
• the CCB does not agree with the terms and conditions in the decision
notice. 
Following review or appeal the Council will send a new decision notice to
the CCB stating the new decision and reasons for this. The following
points apply to CAT reviews and appeals: 
• a community transfer body has 20 working days after the decision
notice to ask for a review or appeal; 
• other people who commented on the asset transfer request must be
asked what they think about the review or appeal; 
• all the papers about the review or appeal must be publically available
online; and 
• the Council or the Scottish Ministers can ask anyone for more
information to help them make a decision.  They can ask for the
information in writing or hold a meeting so people can tell them their
views.  They can also do other things, such as visiting the land or
building the request is about. 
8.  The Asset 
The guidance on CAT within the Community Empowerment (Scotland)
Act 2015 will ensure that where CAT is being considered, the Council will
always take into consideration community benefit. The CCB can indicate
the price that they are willing to pay for the asset and the council must
consider the feasibility of agreeing a cost that reflects community benefit
and also Council operational requirements. Market value will be taken
into consideration alongside community benefit. This will inform the
assessment and decision-making process, including securing the best

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price as can reasonably be obtained to support Council operations and
priorities.  
The Council’s assessment of a CAT request and any subsequent
decision to proceed will take into account the condition, usage, value of
the asset, the availability of other suitable premises from which the
proposed activity could take place and value for money offered by the
proposal. The price agreed will be informed by the social, economic and
environmental benefits generated by the CAT including for example  
• Economic development or regeneration 
• Health  
• Social Wellbeing   
North Lanarkshire Council will provide information which it holds on the
asset to the applicant CCB. The Council will consider requests for
information on the asset submitted in writing, where this information is
readily available and deemed to be useful to the progression of the CAT
process. CCB’s should seek (and fund) any required independent legal
and technical advice relating to property condition and value    
9.  Reporting    
The council is required to report annually on:-    
• the number of requests received;  
• the outcome of requests; and 
• any support put in place to support requests.    
The CAT steering group, on behalf of the Corporate Community
Empowerment working group, will provide reports to the Corporate
Management Team and relevant committees regarding any requests
received and produce and make available annual reports to Scottish
Government, committee and the public      
10.  Approaches to Managing Risk 
North Lanarkshire Council recognises that there are inherent risks in
Community Asset Transfer both for the CCB and for the Council, and has
in place mechanisms to ensure a consistent approach to managing
these. Each request will be considered on a case by case basis against
robust criteria. The assessment and decision making criteria will help to
manage and minimise risk and support the CAT process. 
The Council will as appropriate sign-post the CCB to the relevant local
and national agencies for advice/ resources in managing the risks
involved and to support and facilitate successful asset transfer.

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11.  Remit of CAT Panel and CAT Review Panel  
CAT Panel      
The CAT Panel is responsible for overseeing the development and
strategic direction of the CAT policy and implementing the operational
process for CAT requests. This group will be made up of officers from
across the Council with practical experience and understanding of
working with communities, management and transfer of community
assets. There is the option to co-opt partners who have particular
knowledge and expertise and include representation from the voluntary
sector. 
The CAT Panel will assess applications against the criteria set out in the
community asset transfer process. The Panel will consider policy, legal
and financial risk to the Council and provide information to The CAT
Leadership Group to inform recommendations to the relevant service
committee for decision. 
11.2   Community Asset Transfer (CAT) Review Panel 
The Community Asset Transfer (CAT) Review Panel is made up of a
group of 8 cross party Elected Members.  Decision making relating to
reviews is the responsibility of CAT Review Panel. The internal review
process must be politically led and Council officers can act only in an
advisory capacity to the review panel. 
It should be noted that members from the local area where the appeal
has been received from will not be able to participate in the review
process. Where a CCB disagrees with a proposed decision they can
appeal to Scottish Ministers for final determination. 
12.  Policy Review 
NLC will continue to review the North Lanarkshire Council Community
Asset Transfer Policy following an initial twelve month period and in line
with any amended guidance from the Scottish Government on
Community Asset Transfer. 
13.  Scottish Government – Asset Transfer Under the Community
Empowerment (Scotland) Act 2015 – Guidance for Relevant
Authorities    
NLC will implement this Policy in accordance with the above guidance. 
All CAT requests will be considered in line with this.

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Appendix 4
Annual Return to Scottish Government for 2021/22 
Asset Transfer Request
Reporting Template 2021/22 for Relevant Authorities 
Section 95 of the Community Empowerment (Scotland) Act 2015 requires relevant authorities to produce an annual report on Asset Transfer Request
activity and publish this no later than 30 June each year. 
Following stakeholder feedback and in response to asset transfer evaluations, this template has been created to help gather asset transfer data for the
period 1 April 2021 to 31 March 2022. Information provided will help inform policy and practice at local and national level as the data will be collated and
shared by the Scottish Government’s Community Empowerment Team.  However, it will be for each relevant authority to make their own annual report
publicly available by 30 June 2022, whether using this template or not.
Please provide information in the sections below and email the completed template by 30 June 2022 to community.empowerment@gov.scot .
Section One – Relevant Authority Information 
Organisation:      Address:
North Lanarkshire Council    Civic Centre, Windmillhill Street, Motherwell, ML1 1AB
Completed by:     Role:
Gary Stark      Assistant Community Partnership Manager
Email:       Telephone: 
starkga@northlan.gov.uk    07793 314527 
Date of completion:      10 July 2022 
Are you the Asset Transfer Lead Contact for the organisation:  Yes
If not please provide the name, job title and email address for the lead contact for any queries: 
Section 2: Asset Transfer Data in 2021/22

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2.1 Please complete the following table for the 2021/22 reporting period :  
Total Applications
Received 
Number of successful
applications determined
Number of unsuccessful
applications
determined
Number received  and yet to
be determined
Number received prior to
2019/20 and yet to be
determined 
3 1  1  0 
(one application was withdrawn) 
0
2.2 Please provide details of Asset Transfer Requests received which resulted in transfer of ownership, lease, or rights from your relevant 
authority to a community transfer body in 2021/22: 
Name of Community Transfer
Body, or community group that
will take ownership, lease, or
management of the asset.
Date request
was validated
Date decision
was agreed to
transfer the
asset 
Date transfer
completed
Please provide further details, such as:
description of the asset / area transferred /
amount paid / discount given/ type of ownership /
purpose of the transfer.
Palacerigg Community Trust
(Formal CAT application)
28/10/20 20/5/21 Agreed in
principle – 
Lease
arrangements
currently being
prepared
Lease of multiple assets within Palacerigg
Country Park, Cumbernauld including: -
The former Visitor’s Centre, a Longhouse, and a
Barn/Shed and several fields located just north of
Palacerigg Golf Course and known as Meadow
field, Crush Field and Rotary Field. 
Lease value:
Year 1 - rent free period
Year 2 - £3,000
Year 3 - £5,000
Year 4 - £7,000
Year 5 - Rent Review  will be sought and agreed 
Viewpark Gardens Trust
(Formal CAT application)
3/7/20 11/3/22 
Decision from
ministerial
review as per
direction notice
from Scottish
Government
Agreed in
principle – 
Lease
documentation
currently being
prepared
Viewpark Gardens and buildings within,
(Viewpark) 
Five-year lease: Value £1 per year

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2.3 Please provide details of Asset Transfer Requests that went to a relevant authority appeal or review which were concluded in 2021/22: 
Name of Community Transfer Body Was the Asset Transfer
Appeal/Review
accepted? (Y/N)
Why was the Appeal/Review accepted/refused? Please provide details
of the asset transfer request and reasons for your decision. 
Viewpark Gardens Trust No The appeal was refused on the basis that the committee upheld the
original outcome decision, which concluded that:
a) The application did not demonstrate the financial viability of
the project and the financial information provided did not
provided adequate reassurance reflecting the operation the
asset 
b) The application did not demonstrate a proven track record in
managing and delivering services and therefore
raising/generating the significant level of funds that would be
required to deliver planned services from this site   
c) The assessment process concluded that the terms proposed
in the application did not represent a reasonable price in the
context of the assessed value of the asset and community
benefit that may be achieved as a direct result of the asset
transfer.   
2.4 Please use this space to provide any further comments relating to the above data:  
Note on the appeal made by Viewpark Gardens Trust to the Scottish Ministers:
Viewpark Gardens Trust under the rights conferred by section 88 the Community Empowerment Act, referred their application and decision notice
from North Lanarkshire Council to the Scottish Ministers for appeal. The Scottish Minister accepted the conclusion of the Reporter and found in favour
of the appellant. A Direction Notice was issued to North Lanarkshire Council on 11 March 2022 authorising the issue of a 5-year lease agreement.
Details of other successful outcomes community ownership arrangements out with the Asset Transfer legislative process:
1. Management agreement provided to YAMS (You Are My Sunshine) for access and utilisation of Newarthill Library to undertake
group activities and organisational business
2. Lease offered to Watch Us Grow for use of Palacerigg House, gardens and offices within Palacerigg Country park. The
organisation was originally considering a CAT
3. Management agreement provided to Kilsyth Athletic Football Club for use of St Patrick’s sport field and pavilion (Kilsyth)

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Section Three – Promotion and Equality 
3.1 Please provide information on any action you have taken to promote the benefits of asset transfer, or any support provided for communities to
engage with the Asset Transfer Request process.
During the past year North Lanarkshire Council has produced a short animation and information flier about Community Asset Transfers and this has been used to
promote and raise awareness benefits and opportunities. The animation is available on our website and has been shared across our social media platforms. Likewise,
the animation and information flier has been shared with elected members, community planning partners and across our networks covering North Lanarkshire’s 9
main townships. 
3.2 In particular what action has been taken to support disadvantaged communities to engage with the asset transfer process? 
North Lanarkshire Council has a dedicated team of officers who within their remit have responsibility for supporting and promoting community asset
transfers. Our officers cover all communities within North Lanarkshire and will support organisations operating within disadvantaged communities.
Priority communities have also been identified as part of our local outcome improvement plans.
Section Four – Additional Information
4.1 Please use this space to provide any further feedback not covered in the above sections.  
The number of Community Asset Transfer enquiries was slightly lower than previous years due to communities and local authorities responding to the
pandemic. Although they remained steady throughout the year. It has been clear that many community transfer bodies have been impacted by the
pandemic and it has been taking organisations longer to prepare for submitting formal community asset transfer requests. Local authority support and
support from other organisation such as the Community Ownership Support Service remains vital, especially for organisations who are still recovering
from the pandemic.
Thinking to the year head, North Lanarkshire Council officers responsible for the community asset transfer process have identified several key actions: - 
• The need to design and implement a shared assessment for all ownership and management requests (informal and formal)
• Development of a corporate approach to enable the council to agree discounted leasing agreements with organisations with charitable aims
where it is mutually beneficial to agree out with the CAT process
• Development of Capacity Building Support offer which is proportionate to the aspirations of the organisations 
• Development of a communication and implementation plan, to further promote and raise awareness of the community asset transfer process

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Section 5 – Community Empowerment Act Review
The following questions relate to the Scottish Government review of the Community Empowerment (Scotland) Act 2015. We would value your feedback
as a relevant authority concerned with part 5 (asset transfers) of the Community Empowerment (Scotland) Act 2015.
5.1  Has the legislation made things easier or more difficult to access? Please provide some comments on your experiences as a relevant authority
engaging with this legislation.
The process should enable a consistent approach across all relevant authorities and is supportive of the community empowerment agenda. However, as
awareness increases about the opportunities for community asset transfers, so does the requirement to provide organisations and groups with relevant
and timely guidance, advice and support. North Lanarkshire Council and our community planning partners understand the importance of this support but
it can lead to resourcing pressures.
Also, the robust application process and criteria is important and understood, but for many smaller organisations progressing through the community
asset transfer process, this can come with added financial costs for example for feasibility work, engagement activity, producing business plans etc.
Access to discretional grants / funding could go a long way to relieve pressure for organisations navigating through the process.
Likewise, as a relevant authority we are mindful of the end result and the need for organisations to be able to manage the asset being transferred.
Funding support for organisations particularly in year 1 could mitigate any financial pressure allowing time to create a sustainable financial plan.
5.2  Where can things be further improved, and what needs to change?
A) As above, financial support for community transfer bodies would be an improvement (especially for smaller organisations)
B) Consideration of the added resourcing pressures that implementation of the community empowerment act legislation has for local authorities and
solutions to mitigate this would be helpful.
C) Production of guidance on handling requests for community asset transfers of common good properties/ land. Consideration of whether there is a
work around the legality of such requests, and if not provision of consistent statement to be used by all relevant bodies.
5.3 Are you aware of what support is available to you when engaging with this legislation, and how you can access this? Please provide comments
where possible.
Yes – there is a general awareness of the support available. North Lanarkshire Council has in recent times sought guidance and clarification from the
Community Ownership Support Service.
5.4 What would you like to see now, to further empower Scotland’s communities?

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More focus on developing relevant local supports for organisations and groups, and increased or prioritised resources to allow for additional grassroots
community development work and activity, including community capacity building and community engagement (especially within disadvantaged and
priority communities) 
Please email the completed template by 30 June 2022 to community.empowerment@gov.scot
If you have any queries please contact Malcolm Cowie, Asset Transfer Policy Manager at Malcolm.cowie@gov.scot 
Thank you! 
Community Empowerment Team
Scottish Government