Community Empowerment (Scotland) Act 2015 - Update - Expressions of Interest / Asset Transfer Requests / Reporting Requirements
Argyll and Bute Council · 10 August 2023
Back to Policy and Resources Committee — 10 August 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
1 ARGYLL AND BUTE COUNCIL POLICY AND RESOURCES COMMITTEE COMMERCIAL SERVICES 10th AUGUST 2023 COMMUNITY EMPOWERMENT (SCOTLAND) ACT 2015 – UPDATE – EXPRESSIONS OF INTEREST / ASSET TRANSFER 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 6 monthly basis. Accordingly this report will be circulated to all Members following the committee and a further update report will be provided to all Members in February 2024. RECOMMENDATIONS 1.3 It is recommended that: The Policy and Resources Committee note and consider the report.
Page 2
2 ARGYLL AND BUTE COUNCIL POLICY AND RESOURCES COMMITTEE COMMERCIAL SERVICES 10th AUGUST 2023 COMMUNITY EMPOWERMENT (SCOTLAND) ACT 2015 – UPDATE – EXPRESSIONS OF INTEREST / ASSET TRANSFER 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 6 monthly basis. Accordingly this report will be circulated to all Members following the committee and a further update report will be provided to all Members in February 2024. 3. RECOMMENDATIONS It is recommended that: 3.1 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.
Page 3
3 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 twenty (20) active Expressions of Interest (EOIs) (as at 21st June 2023) and these EOI’s are listed in Appendix 1. Since the update report in August 2022, 10 EOI’s have been received. To date, since January 2017, 84 EOIs have been received of which 64 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 31st May 2023 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 2022 to 31 March 2023, the Council did not receive any participation requests. ASSET TRANSFER AND PARTICIPATION REQUESTS - ANNUAL REPORTING REQUIREMENTS
Page 4
4 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/asset-transfer-expressions 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 https://www.argyll-bute.gov.uk/my-community/communities-and-partnerships/find- out-more-about-participation-requests 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. 6.3 Legal – In line with statutory requirements of the Community Empowerment (Scotland) Act 2015 and related Regulations. 6.4 HR – None. 6.5 Fairer Scotland Duty
Page 5
5 6.5.1 Equalities – Protected characteristics – None. 6.5.2 Socio economic Duty – None. 6.5.3 Islands – None 6.6 Climate change – None from annual reporting. 6.7 Risk – Failure to meet statutory requirements could have reputational implications for the council. 6.8 Customer Service – None. Douglas Hendry - Executive Director with responsibility for Commercial Services Councillor Gary Mulvaney – Policy Lead, Finance and Commercial Services Date: 27th June 2023 For further information contact: Ross McLaughlin, Head of Commercial Services, 01436 658 914 David Allan, Estates and Property Development Manager, 01436 657 620 David Rennie, Partnerships Development Officer, 01700 501 371
Page 6
6 Appendix 1 Current Active Expressions of Interest (as at 21st June 2023) 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. No Organisation Asset Summary of Expression of Interest Current Status 1 Mid Argyll Rugby Club (MARC) Kilmory Pony Park show ground Request to lease the ground for development of rugby facilities. Terms agreed with MARC and approved internally. Access arrangements under discussion prior to conclusion of lease. 2 Kirkmichael Community Development Group Kirkmichael Park Changing Room Request to lease pavilion and grounds for use as an office and to deliver wider services. Group are being supported to develop their business plan for the proposal. 3 Scenic Sandbank Former Teacher Centre Sandbank Request to purchase the site and develop a community garden. Group successful in Land Fund application. Terms for sale agreed and reported to DMT on 3/7/23. Legal Services to be instructed thereafter. 4 South Islay Development Ramsay Hall Request to lease the building to redevelop the facility and operate the services. Group are pulling together a funding package to develop the asset to be suitable for running an under 5’s nursery in the Hall. 5 Rhu and Shandon Community Centre Rhu Community Centre Request for lease to assist in applying for development funding for the building Terms are under discussion but the approach requires to be consistent with other halls / community facilities. Support is being provided to the group. 6 Kilfinan Community Forest Company (KCFC) Tighnabruaic h Primary School Grazings access Request to acquire ground to formalise access. Group assisted to secure an independent valuation and are applying to the Land Fund to support the acquisition of the ground. Land Fund application has been submitted awaiting results. 7 Isle of Jura Development Trust Picnic area at Craighouse Pier, Isle of Jura Request for a lease of the site to improve the facilities. Terms agreed with group for a Licence, DMT approval received and Legal Services instructed. 8 The Dunoon Project Ltd Morag’s Fairy Glen & Request to acquire the sites to support the Initial investigations completed and awaiting
Page 7
7 Bishop’s Glen, Dunoon delivery of the wider project and improve the public access and facilities. further feedback from the group. Significant project which will take time to develop. 9 Ardrishaig Community Food Growing Project King George V Park, Ardrishaig Request to lease part of park as a community food growing area. Heads of terms to be issued. 10 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. 11 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 is underway. A meeting with funders to restore the playing field are set to take place in July 2023. 12 Dunoon Pipe Band Dunoon Pipe Band Hall, Dunoon Request for a new lease of the hall. Group are being supported to develop their request. 13 Princess Louise Hall Committee Princess Louise Hall & Howie Pavilion, Rosneath Request for new lease of hall and pavilion Heads of terms nearing completion and to be reported to DMT in July 2023. 14 Jura Development Trust Jura Roads Yard, Craighouse Pier, Isle of Jura Request to acquire yard to expand the group’s adjacent business. Depot is required operationally so would require an alternative location if closed. Group seeking alternative options. 15 Oban Lorne RFC Glencruitten playing fields, Oban Request to lease / acquire playing fields and clubhouse and to develop new facilities Heads of terms under discussion with the club. On agreement in principle will be reported to DMT for consideration. 16 Lismore Community Trust Lismore Pier, Isle of Lismore Request to acquire pier facilities and public toilets Initial investigations are under way to confirm the best way forward for the group. 17 Isle of Bute Seasports Club Seasports club house / store. Request for new lease of site and clubhouse Initial details are being gathered to support the group. 18 Balemartine Community Garden Association Balemartine Schoolhouse Playing field Request to develop vacant site into Community Garden for local residents Initial investigations are under way to confirm the best way forward for the group.
Page 8
8 19 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 Initial investigations are under way to confirm the best way forward for the group. 20 Land at McCalls Terrace Oban Keep Oban Beutiful Request licence to look after a small strip or woods on behalf of the community. Initial investigations are under way to confirm the best way forward for the group.