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Community Empowerment (Scotland) Act 2015 - Update - Expressions of Interest / Asset Transfer Requests / Participation Requests / Reporting Requirements

Argyll and Bute Council · 21 August 2025
Back to Policy and Resources Committee — 21 August 2025 and its agenda

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ARGYLL AND BUTE COUNCIL            POLICY AND RESOURCES COMMITTEE       
COMMERCIAL SERVICES                                                21st AUGUST 2025 
COMMUNITY EMPOWERMENT (SCOTLAND) ACT 2015 – UPDATE – EXPRESSIONS
OF INTEREST / ASSET TRANSFER REQUESTS / PARTICIPATION REQUESTS /
REPORTING REQUIREMENTS 
1. EXECUTIVE SUMMARY 
1.1  The purpose of this report is to advise the Policy and Resources Committee on: 
• The operation of the processes in regard to formal Asset Transfer Requests
(ATR) and Participation Requests in terms of the Community Empowerment
(Scotland) Act 2015;
• Current live informal Expressions of Interest (EOI’s) which may become
subject to a formal asset transfer request or be dealt with outwith the formal
asset transfer request process;
• Current live ongoing or agreed Participation Requests received by the
Council; and
• The annual reporting requirements in respect of Asset Transfer Requests
and Participation Requests set out in Section 95 and 32 of the Community
Empowerment (Scotland) Act 2015 respectively. 
1.2 At the Elected Members seminar on 21st March 2023 it was agreed that updates on
ATRs and EOIs would be provided on a regular basis. Accordingly, this report will
be circulated to all Members following the committee and a quarterly update is
provided directly to all Members between the annual reporting. 
RECOMMENDATIONS 
1.3 It is recommended that: 
1.3.1 The Policy and Resources Committee note and consider the report.

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ARGYLL AND BUTE COUNCIL            POLICY AND RESOURCES COMMITTEE 
COMMERCIAL SERVICES                                             21st AUGUST 2025 
COMMUNITY EMPOWERMENT (SCOTLAND) ACT 2015 – UPDATE – EXPRESSIONS
OF INTEREST / ASSET TRANSFER REQUESTS / PARTICIPATION REQUESTS /
REPORTING REQUIREMENTS 
2. INTRODUCTION
2.1 The purpose of this report is to advise the Policy and Resources Committee on: 
• The operation of the processes in regard to formal Asset Transfer Requests
and Participation Requests in terms of the Community Empowerment
(Scotland) Act 2015;
• Current live informal Expressions of Interest (EOI’s) which may become
subject to a formal asset transfer request or be dealt with outwith the formal
asset transfer request process;
• Current live ongoing or agreed Participation Requests received by the
Council; and
• The annual reporting requirements in respect of Asset Transfer Requests
and Participation Requests set out in Section 95 and 32 of the Community
Empowerment (Scotland) Act 2015 respectively. 
2.2 At the Elected Members seminar on 21st March 2023 it was agreed that updates
on ATRs and EOIs would be provided on a regular basis. Accordingly, this report
will be circulated to all Members following the committee and a quarterly update is
provided directly to all Members between the annual reporting. 
3. RECOMMENDATIONS
3.1 It is recommended that: 
3.1.1 The Policy and Resources Committee note and consider the report. 
4. DETAIL
4.1      The Council operates processes in compliance with parts 3 and 5 of the Community
Empowerment (Scotland) Act 2015 in regard to: 
• Asset Transfer Requests (ATR’s) (part 5 of the Act) which came into force on 23
January 2017.   ATR’s enable community bodies to make requests to all local
authorities, Scottish Ministers and a range of public bodies for any land or
buildings they feel they could make better use of. They can request ownership,
lease or other rights as they wish.

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• Participation Requests (Part 3 of the Act) which came in to force on 1 April 2017.
These are requests to public bodies which, if granted, enable communities to
participate in decisions and processes which are aimed at improving outcomes. 
EXPRESSIONS OF INTEREST (EOIs)
4.2 There were 17 active Expressions of Interest (EOIs) (as at 3rd June 2025) and
these EOI’s are listed in Appendix 1. Since the update report in August 2024, 4
EOI’s have been received. To date, since January 2017, 93 EOIs have been
received of which 69 have been resolved or withdrawn. It should be noted that the
Council has continued to engage with community groups who have had EOI’s active
for a significant period of time and while they remain active the requesters have not
yet moved them on. There are currently no significant actions outstanding for the
Council in relation to these. 
4.3 Further, most EOIs would not progress or develop into a formal asset transfer
request. EOIs are dealt with in a way that seeks to deliver the outcome required by
the community group allowing the request to progress outwith the formal asset
transfer process. Some EOIs are also withdrawn for a variety of reasons such as
the group changing focus of what was needed, a better option becoming available
or a lack of time and resources to progress their plans. 
ASSET TRANSFER REQUESTS
4.4 The Council has put in place information, advice and guidance to community bodies
who are interested in making a formal ATR and further information on this can be
found on the Council’s website at 
https://www.argyll-bute.gov.uk/my-community/communities-and-partnerships/community-asset-
transfer/asset-transfer-expressions. 
There have been 3 ATRs submitted following the implementation of the Act and as
at 3rd June 2025 there were no active ATRs. 
PARTICIPATION REQUESTS 
4.5 Part 3 of the Community Empowerment (Scotland) Act 2015 provides a framework
for the use of participation requests by community bodies, with the intention of
enabling communities to have more influence over services and decisions which
affect them. Part 3 of the Act came into force on the 1st April 2017. 
4.6 In line with the requirements of the Act, the Council has put in place a procedure
which allows consideration of any requests made by community bodies. The
procedure and further information can be found on the Council’s website at
https://www.argyll-bute.gov.uk/my-community/communities-and-partnerships/find-out-more-
about-participation-requests 
4.7 During the period 1 April 2024 to 31 March 2025, the Council received 0 participation
requests.

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ASSET TRANSFER AND PARTICIPATION REQUESTS - ANNUAL REPORTING
REQUIREMENTS 
4.8 Section 95 of the Community Empowerment (Scotland) Act 2015 requires the
Council to publish an annual report setting out the numbers of asset transfer
requests received and their outcomes. 
4.9 The report also requires to set out what the Council has done to 1: promote the use
of asset transfer requests and 2: support community bodies to make requests and
can be found on the Council’s asset transfer webpages here: 
https://www.argyll-bute.gov.uk/my-community/communities-and-partnerships/community-asset-
transfer 
https://www.argyll-bute.gov.uk/asset-transfer-support 
4.10 Annual reports cover each year from 1 April to 31 March and must be published by
30 June. 
4.11 Section 32 of the Act also requires the Council to publish an annual report in respect
of Participation Requests setting out: 
• The number of requests received;
• The number of requests agreed and refused;
• The number of requests which resulted in changes to a public service provided by,
or on behalf of, the public service authority; and
• Any action taken by the public service authority to promote and support the use of
participation requests. 
4.12 Annual reports Participation Requests cover each year from 1 April to 31 March and
must be published by 30 June. The relevant report has been published on the
website https://www.argyll-bute.gov.uk/my-community/communities-and-
partnerships/participation-requests-annual-reports 
5. CONCLUSION
5.1 This report advises the Policy and Resources Committee on the operation, of the
processes in regard to Asset Transfer Requests and Participation Requests in terms
of the Community Empowerment Act 2015 and updates on ATR’s, EOI’s and
Participation Requests to date. 
5.2 It is recommended that the Policy and Resources Committee note the contents of
the report. 
6.  IMPLICATIONS
6.1 Policy – In line with council policy relating to Asset Transfer and Participation
Request processes.
6.2 Financial – None from annual reporting.

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6.3 Legal – In line with statutory requirements of the Community Empowerment
(Scotland) Act 2015 and related Regulations.  
6.4 HR – None.
6.5 Customer Service – None.
6.6 Risk – Failure to meet statutory requirements could have reputational implications
for the council. 
6.7 Climate Change - None from annual reporting.
6.8 Fairer Scotland Duty – None from annual reporting.
6.9 Equalities – None from annual reporting.
6.10 Consumer duty – None from annual reporting.
6.11 Island Communities – None from annual reporting.
6.12 Children’s Rights and Wellbeing – None from annual reporting. 
Douglas Hendry - Executive Director with responsibility for Commercial Services
Councillor Ross Moreland – Policy Lead, Finance and Commercial Services
Date: 30th June 2025 
For further information contact: 
Ross McLaughlin, Head of Commercial Services, 01436 658 914
David Allan, Estates and Property Development Manager, 01436 657 620
Suzanne Mason, Engagement & Communities Lead, 01436 658 933

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Appendix 1 
Current Active Expressions of Interest (as at 3rd June 2025) 
It should be noted that the Council has continued to engage with community groups who
have had EOI’s active for a significant period of time. 
No Date
received
Organisation Asset Summary of
Expression of
Interest
Current Status
1 28/3/19 Mid Argyll Rugby
Club (MARC)
Kilmory Pony
Park show
ground,
Lochgilphead
Request to
lease the
ground for
development of
rugby facilities.
Terms agreed with
MARC and
approved. Vacant
possession required
from MASSC (show
field committee)
prior to conclusion
of lease and interim
option at Ropework
Park is concluded
2 5/10/20 Rhu and
Shandon
Community
Centre
Rhu
Community
Centre
Request for
lease to assist
in applying for
development
funding for the
building
Terms agreed and
Legal Services
progressing the new
lease.
3 26/8/22  Ardrishaig King
George V
Community Park
Association 
King George
V Park,
Ardrishaig
Request to
develop the
facilities and
maintenance
arrangements of
the park
Group are being
supported to
develop their
request.
4 26/4/22 Dunoon Youth
Football League
Black Park,
Dunoon
Request to bring
back into use
the green
football pitch on
the Black Park
site working in
partnership with
the Council and
Live Argyll 
Initial licence to
reopen changing
rooms concluded.
Group are
considering
proposals for next
phase of project.
5 18/7/22 Dunoon Pipe
Band
Dunoon Pipe
Band Hall,
Dunoon
Request for a
new lease of the
hall.
Group are being
supported to
develop their
request and are

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developing a
maintenance plan.
6 21/9/22 Princess Louise
Hall Committee
Princess
Louise Hall &
Howie
Pavilion,
Rosneath
Request for new
lease of hall and
pavilion
A condition survey
of the property was
completed and
funding support
developed for the
group. Legal
Services
progressing the new
lease.
7 18/11/22 Oban Lorne RFC Glencruitten
playing fields,
Oban
Request to
lease / acquire
playing fields
and clubhouse
and to develop
new facilities
Terms agreed and
approved. Legal
Services
progressing the new
lease.
8 13/4/23 Isle of Bute
Seasports Club
Seasports
club house /
store, Bute.
Request for new
lease of site and
clubhouse 
Terms agreed and
approved. Legal
Services
progressing the new
lease.
9 14/5/23 Balemartine
Community
Garden
Association
Balemartine
Schoolhouse
Playing field
Request to
develop vacant
site into
Community
Garden for local
residents and
children’s play
area
Group are being
supported with
request, which has
developed slowly.
Site also being
considered for
housing
development but
may accommodate
both uses.
10 15/6/23 Argyll and the
Isles Coast and
Countryside Trust
Land
adjacent to
Kilmory
Castle car
park
Request to
relocate their
base of
operations into
the Kilmory
Estate
ACT office base in
Kilmory now
concluded and
additional space
under discussion.
Woodland hub lease
also well
progressed.
11 4/9/23 West Kintyre
Community
Council
Tayinloan
Ferry public
convenience
Request to
acquire public
convenience to
allow demolition
and
development of
new facilities
Terms agreed and
approved. Legal
Services requested
to conclude sale.
12 14/5/24 Helensburgh Pier
Company
Helensburgh
Pier
Request for a
50 year lease of
pier to allow a
Terms agreed and
Legal Services
progressing the new
lease.

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phased
redevelopment
13 22/5/24 Avich &
Kilchrenan
Community
Heritables
Kilchrenan
Primary
School
Request to
acquire school
to develop as a
community hub
Schools
consultation process
has ended and
background
research has
commenced while
school is cleared.
14 17/9/24 Sandbank
Community
Development
Trust
Broxburn
Roads yard,
Dunoon
Request to
acquire yard to
consolidate with
wider nature
reserve
Investigation into
site condition is
required along with
background
investigations
15 5/8/24 Ardrishaig
Community
Council
Ardrishaig
shed
Request to
lease shed for
storage
Group being
supported to
develop request
16 17/3/25 PAL group Hermitage
Primary
annex site,
Helensburgh
Request to use
ground for
outdoor play
facilities for
school
Site is also under
consideration for
use to address the
housing emergency
17 6/5/25 Individual Castle
Gardens,
Dunoon
Request to erect
a statue in the
grounds
Initial assessments
commenced