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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

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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.

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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.

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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 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

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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

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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

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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

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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.

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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.