Getting in on the Act The Community Empowerment (Scotland) Act 2015

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 do we mean by community? ‘community’ is a group of people united by at least one common characteristic, including geography, identity or shared interest.

What’s in the Act? National outcomes Asset transfer Participation in public decision making Common good property National outcomes Allotments Community planning Participation requests Asset transfer Community rights to buy land Supporter involvement in football clubs Non-domestic rates Delegation of forestry Commissioners’ functions

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 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… Full guidance and summary guidance now out and participation requests came into force on 1st April 2017.

Part 4: Community right to buy land Extends community right to buy (Land Reform Act 2003) to urban as well as rural areas Amends, and in some areas, simplifies, the crofting community right to buy 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 Duty – e.g. participatory budgeting More information in SCDC briefing on the broader content of the Act BUT the Participation duty is also included in part 10 of the Act and is designed to give ministers the potential to make further regulations to promote participation: Enable Ministers to require Scottish public authorities to promote and facilitate the participation of members of the public in the decisions and activities of the authority, Including in the allocation of its resources. It emphasises Involving people and communities in making decisions helps build community capacity and also helps the public sector identify local needs and priorities and target budgets more effectively. Currently an emerging debate – now being used to frame investment in participatory budgeting but with greater potential to augment implementation of other parts of the Act if needed. Could be interpreted as a reserve power to adrss barriers to participation if they arise in the implemantaion of the Act and tus as an indicator of Government intent to drive progress in this area.

The Participation Request Process

Who can make a participation request? Requirements for community participation bodies: 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? 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

Potential Uses Participation Requests could be used to start a dialogue about something that matters to people in their community Participation requests may be used to help people have their voice heard in policy and service development, through contributing to decision-making processes. Participation requests may be used to help people to participate in the design, delivery, monitoring or review of service provision, through contributing to service change or improvement. Participation requests may be used to help people challenge decisions and seek support for alternatives which improve outcomes.

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

Discussion From what you’ve heard so far… How useful do you think the Act will be for communities? Who should provide support to community groups and what should this look like?

More information 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/ Scottish Government FAQ page on Act http://www.gov.scot/Topics/People/engage/CommunityEmpowermentBillFAQs Development Trust Assoc. Scotland DTAS - Community Ownership - http://www.dtascot.org.uk/content/asset-transfer The full Act http://www.legislation.gov.uk/asp/2015/6/contents/enacted