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

Argyll and Bute Council · 11 August 2022
Back to Policy and Resources Committee — 11 August 2022 and its agenda

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ARGYLL AND BUTE COUNCIL        POLICY AND RESOURCES
COMMITTEE       
COMMERCIAL SERVICES                                 11th AUGUST 2022 
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. 
RECOMMENDATIONS 
1.2 It is recommended that: 
The Policy and Resources Committee note the report.

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ARGYLL AND BUTE COUNCIL        POLICY AND RESOURCES
COMMITTEE 
COMMERCIAL SERVICES                                 11th AUGUST 2022 
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. 
3. RECOMMENDATIONS 
It is recommended that: 
3.1 The Policy and Resources Committee note 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.
 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.

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EXPRESSIONS OF INTEREST (EOIs)
4.2 There were thirteen (13) active Expressions of Interest (EOIs) (as at 31st May 2022)
and all active EOI’s are listed in Appendix 1. In the current year 7 EOI’s have been
received 1 of which was subsequently withdrawn. To date, since January 2017, 74
EOIs have been received of which 61 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/asset-transfer.
There have been 3 ATRs submitted following the implementation of the Act and as
at 31st May 2022 there were no active ATRs.
4.5 In May 2020 the Best Value Assurance Report prepared by Audit Scotland noted that
the Council had made good progress with the Community Empowerment Act but that
it needed to make the process easier to follow and accessible to all communities. The
Asset Transfer Request process is statutory and therefore has limited options to
make changes however the Asset Transfer Group have considered the Best Value
Improvement Plan and have worked to further develop the informal EOI process
simplifying  the approach for communities. This has also led to the development of a
section of the website to promote assets suitable for groups to work in partnership
with council services which will be trialled during 2022 as part of the improvement
plan actions.
4.6 Following on from the Best Value Assurance Report the Audit & Scrutiny Committee
undertook a scrutiny review of the Council’s Community Asset Transfer process. The
Panel concluded that:
 The Community Asset Transfer process is compliant with statutory
requirements.
 The process enables opportunity for engagement with community transfer
bodies.
 The process is supportive to community transfer bodies and communities. 
The review also identified a number of recommendations which have been
implemented or have been built into the processes moving forward.

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PARTICIPATION REQUESTS 
4.7 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. 
4.8 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/find-out-more-about-participation-requests 
4.9 During the period 1 April 2021 to 31 March 2022, the Council received two participation
request, of which one was rejected. The Council was unable to progress the request
from Isle of Kerrera Development Trust as the outcome improvement was not within the
capacity of the Council to deliver as the ground was not in council ownership. The
request that was accepted from Garelochhead Community Council was developed in
conjunction with Police Scotland and the actions agreed were in respect of road safety
matters. 
ASSET TRANSFER AND PARTICIPATION REQUESTS - ANNUAL REPORTING
REQUIREMENTS 
4.10 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. 
4.11 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/asset-transfer 
4.12 Annual reports cover each year from 1 April to 31 March and must be published by
30 June. 
4.13 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. 
4.14 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
Council’s Participation webpages. 
5. CONCLUSION
5.1 This report advises the Policy and Resources Committee on the operation, of the

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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 
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 2022 
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
Michael Nicol, Solicitor, Legal and Regulatory Services, 01546 604 468

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Appendix 1 
Current Active Expressions of Interest (as at 31st May 2022) 
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. 
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 to be reported for
internal approval to proceed.
2 Islay
Development
Initiative
Kilarrow
Stables,
Islay
Request to acquire
the building to
convert to flats for
service workers
and community
uses.
Main building is currently
operational and part of wider
assessment of office space.
3 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. 
4 Barbara's
Wildlife
Rescue
Ground at
Hafton, Dunoon
Request to lease /
acquire ground for
an animal rescue
centre
Group have been seeking a
suitable site and are
assessing the feasibility of
this site.
5 Scenic
Sandbank
Former Teacher
Centre
Sandbank
Request to
purchase the site
and develop a
community garden.
Group assisted to secure an
independent valuation and
are applying to the Land
Fund to support the
acquisition of the ground.
6 South Islay
Development
Ramsay Hall Request to
purchase the
building to
redevelop the
facility and operate
the services.
Detailed plans provided by
the group require to be
assessed in conjunction with
Education and the Care
Commission as the proposal
involves a nursery use.
7 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.

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8 Kilfinan
Community
Forest
Company
(KCFC)
Tighnabruaich
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.
9 Dunoon
Foodbank
Former
Dunoon
Youth
Centre,
Dunoon
Request for a
lease of the
property to
continue and
expand their
services.
Temporary Licence to
occupy granted and
upgrade works costed.
Lease to be concluded
when group established as
a SCIO.
10 Isle of Jura
Development
Trust
Picnic area at
Craighouse
Pier, Isle of
Jura
Request for a
lease of the site to
improve the
facilities and install
a container for use
as a bakery to
support local
business.
Initial stages of background
checks being undertaken.
11 The Dunoon
Project Ltd
Morag’s Fairy
Glen & Bishop’s
Glen, Dunoon
Request to acquire
the sites to support
the delivery of the
wider project and
improve the public
access and
facilities.
Initial stages of background
checks being undertaken.
Legal Services involved as
proposal involves former
reservoir.
12 Ardrishaig
Community
Food Growing
Project
King George V
Park, Ardrishaig
Request to lease
part of park as a
community food
growing area.
Initial stages of background
checks being undertaken.
13 Dunoon
Youth
Football
League
Black Park,
Dunoon
Request to take
over management
of the Black Park
area to improve
facilities
Initial stages of background
checks being undertaken.