Getting in on the Act
The Community Empowerment
(Scotland) Act 2015
Session outline
1st half – The Community Empowerment (Act) Scotland
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Context
What’s in the Act?
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Part 1: National outcomes
Part 2: Community planning
Part 3: Participation requests
Part 4: Community rights to buy land
Part 5: Asset transfer requests
Other bits of the Act
Discussion
…tea/coffee break…
2nd half – Making a participation request
Donald Rumsfeld: 2002: US Secretary of
State for Defence
There are known knowns. There are things we
know that we know. There are known
unknowns. That is to say, there are things
that we now know we don't know. But there
are also unknown unknowns. There are
things we do not know we don't know.’
What do we mean by community?
‘community’ is a group of people united by at
least one common characteristic, including
geography, identity or shared interest.
The Community Empowerment
(Scotland) Act 2015
• Greater influence over community planning, local
service provision, land and buildings
• Royal Assent on 24th July 2015
• Regulations and guidance developed in 2016
• Starting to come into effect now
Key aims of the Act
• Prevention in communities before problems arise
• Co-ordination within and between services
• Rooted in rights and tacking inequality
• Co-production – with communities for better services
• Partnership with communities – of “place” & of
“interest or identity”
What’s in the Act?
Part 1: National Outcomes
Scottish Government must…
• consult on, develop and publish a set of national
outcomes
• regularly and publicly report progress towards these
outcomes
• review them at least every five years
Public authorities must…
• have regard to the national outcomes in carrying out
their functions
Current status…
Came into force April 2016
Part 2: Community Planning
Places Community Planning Partnerships (CPPs) on a
statutory footing with expanded membership
CPPs must…
• involve community bodies at all stages of community
planning and support them to do this
• focus on tackling inequalities
• produce Local Outcome Improvement Plans (LOIPs)
which replace Single Outcome Agreements (SOAs)
• produce “locality plans” for communities experiencing
particular disadvantage
• report on these plans and on community involvement
Current status…
Guidance now published and CPPs must publish both Local
Outcome Improvement Plans and locality plans by 1 October 2017
Part 3: Participation requests
A new way for communities to have their voices heard
on how services are planned and delivered
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Community groups can request to participate in an
outcome improvement process
Presumption - services should respond positively or
explain why not
Act states that groups should be provided with
support for this
Applies to communities of place, interest and
identity.
Current status…
Draft guidance available and intention is that participation requests
will be in force by 1st April 2017
Part 4: Community rights to buy land
Applies to land and buildings
Extends community right to buy (Land Reform Act 2003)
to urban as well as rural areas
Enables communities to purchase land which is abandoned,
neglected or causing harm to the environmental wellbeing of
the community, where the owner is not willing to sell that land
Current status…
Changes to land reform act came into force in April 2016 and other
provisions likely to be implemented by spring 2017
Part 5: Asset transfer requests
Community bodies can…
• make requests to a wide-ranging list of public bodies,
for any land or buildings they feel they could make
better use of
• apply to use, lease or buy outright
Public authority must…
• agree to requests, unless there are reasonable grounds
for refusal
• consider inequality in reaching its decision
• Provide a register of assets
Current status…
The asset transfer legislation came into force on 23 January 2017
Other parts of the Act
• Input to decisions - Common good assets
• Encouraging more & better allotments, and
requirement to develop food-growing strategy.
• Community involvement in forestry
• Football supporters rights
• Participation in public decision making
Discussion
From what you’ve heard so far…
1. How useful do you think the Act will be for
communities?
2. Who should provide support to community groups and
what should this look like?
Session outline (continued)
2nd half – Making a participation request
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What are participation requests?
Who can make one and who can receive one?
How to make a participation request
Decision time
Examples of participation requests
Make your own participation request
…finish…
What are participation requests?
• Community groups can request to participate in an
outcome improvement process
• Presumption - services should respond positively or
explain why not
• Act states that groups should be provided with support
for this
• Applies to communities of place, interest and identity.
Who can make a participation request?
Requirements for community participation body
• A definition of the community
• Majority of members are members of that
community
• Membership is open to any member of that
community
• Statement of aims and purposes
• Surplus funds are to be applied to the
benefit of the community
Who can a participation request be made to?
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Local authorities
Health Boards
The board of management of a college of further education
Highlands and Islands Enterprise
National Park Authority
Police Scotland
Scottish Enterprise
The Scottish Environment Protection Agency
The Scottish Fire and Rescue Service
Scottish Natural Heritage
Regional Transport Partnerships
How to make a participation request
The community body must:
• Specify an outcome that it thinks can be
improved
• Set out the reasons why it should
participate
• Provide details of knowledge, expertise
and experience
• Explain the improvements that may arise in
the outcome as a result of its participation
in the process
Making the decision
The authority must agree to the request unless there are
reasonable grounds not to do so. It must consider:
• whether agreeing to the request will promote or
improve economic development, regeneration,
public health, social wellbeing or environmental
wellbeing
• how it will address socio-economic disadvantage
and the participation of people experiencing this
disadvantage
• any other benefits
• other matters that the authority considers relevant
Potential Uses
• To start a dialogue about something that matters to
your community - e.g. children’s and families services
• Help people have their voice heard in an existing
planning process e.g. community safety partnership
• Help people to participate in the design, delivery,
monitoring or review of service provision e.g. around
transport
• Challenge decisions and seek support for alternatives
e.g. co-producing solutions
Make your own participation request
1. Think of an issue
2. What is the outcome you want to
improve?
3. Who would you make the request to?
4. Why should you be involved?
More information
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Find out more about SCDC’s work at www.scdc.org.uk and for our page on the
Community Empowerment (Scotland) Act go to:
http://www.scdc.org.uk/what/community-empowerment-scotland-act/
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Scottish Government FAQ page on Act
http://www.gov.scot/Topics/People/engage/CommunityEmpowermentBillFAQs
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Development Trust Assoc. Scotland DTAS - Community Ownership http://www.dtascot.org.uk/content/asset-transfer
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The full Act http://www.legislation.gov.uk/asp/2015/6/contents/enacted