Community Asset Transfer Janet Miles COSS Advisor

Community Ownership Support Service COSS is part of the Development Trusts Association for Scotland (DTAS) COSS is a Scottish government funded programme, adviser led across all 32 LA areas, set up to : help community-based groups take ownership of assets for community benefit – asset transfer support local authorities and other public agencies (relevant authorities) to transfer assets into community ownership.

www.dtascommunityownership.org.uk

Community Empowerment (Scotland) Act 2015

Part 4 COMMUNITY RIGHT TO BUY A CRtB is a pre-emptive right to buy land for communities throughout Scotland under Part 4 of the Land Reform (Scotland) Act 2003 It provides for those communities, who successfully register a community interest in land, to have the first option to buy when the registered land is offered for sale.

Part 4 COMMUNITY RIGHT TO BUY Community bodies can register an interest in any land – eg churches, pubs, estates, empty shops, woodland, fields and more Community bodies can also register an interest in rights - eg salmon fishing rights and certain mineral rights.

Part 4 COMMUNITY RIGHT TO BUY A registered interest in land lasts for five years (from the date of approval from Scottish Ministers) and can be re-registered on an ongoing basis at five-year intervals The community right to buy (CRtB) should be used where the community has identified land and has proposals for that land that could further the achievement of sustainable development.

Part 5 ASSET TRANSFER A process to allow a community organisation to take over publicly-owned land or buildings, in a way that recognises the public benefits that the community use will bring. That may be a discounted price, a grant or other support Assets are land and any buildings or other structures on the land eg bridges or piers. (It does not include vehicles or equipment.)

Relevant Authorities

Guidance available from COSS Website http://www.dtascommunityownership.org.uk/resources/policy-and-research/asset-transfer-guidance-relevant-authorities

“Rights” for community groups Right to request information on any public asset that interests you request the transfer of a public asset (doesn’t have to be surplus) – manage, lease, ownership acquire that asset if the public body cannot offer a good reason not to (i.e. a presumption in favour of transfer) to appeal any adverse decision

“Obligations” for Public Bodies (relevant authorities) To create/maintain an Asset Transfer Policy, and a register of all assets To respond to requests for information on assets Not to dispose of asset once transfer request received To acknowledge receipt of asset transfer request / notify “validation date” To take a decision within 6 months of “validation date”

Who can make a request: Who can make a request: A “community-transfer body” Within which there are two distinctions made between: what is required to apply for management/lease what is required for a full transfer of title.

Lease/Management Agreement: Community-Controlled Body which means a body (whether corporate or unincorporated) which has a written constitution that includes the following— (a) a definition of the community to which the body relates, (b) provision that the majority of the members of the body consists of members of that community, (c) provision that the members of the body, who consist of members of that community, have control of the body, (d) provision that membership of the body is open to any member of that community, (e) a statement of the body’s aims and purposes, including the promotion of a benefit for that community, and (f) provision that any surplus funds or assets of the body are to be applied for the benefit of that community.

Full Title Transfer: There are additional requirements for full transfer. The community body must be: A limited company with a Dissolution Clause (i) to another community transfer body (ii) to a charity. A Scottish Charitable Incorporated Organisation (SCIO) – two tier A Community Benefit Society (BenComm) All with no fewer than 20 members Decided to exclude reference to . (c) in the case of a body designated by an order under paragraph (a) of subsection (2) of section 50, the order includes provision that the body may make an asset transfer request of the type mentioned in section 52(2)(a), or (d) in the case of a body falling within a class of bodies designated in an order made under paragraph (b) of that subsection, the order includes provision that bodies falling within the class may make an asset transfer request of that type. This refers to 50 Meaning of “community transfer body” (1) In this Part, ―community transfer body‖ means— (a) a community-controlled body, or (b) a body mentioned in subsection (2). (2) The body is a body (whether corporate or unincorporated)— (a) that is designated as a community transfer body by an order made by the Scottish Ministers for the purposes of this Part, or (b) that falls within a class of bodies designated as community transfer bodies by such an order for the purposes of this Part. (3) Where the power to make an order under subsection (2)(a) is exercised in relation to a trust, the community transfer body is to be the trustees of the trust.

Community Empowerment Giving communities greater control over decisions and services that matter to them Re-negotiation of power Changing lives by creating opportunities and bringing hope for a better future Not just participation and involvement Community ownership is desirable and viable

Gairloch, Wester Ross Remote rural Highland village Population around 1,000 Nearest town, Dingwall, 60 miles Seasonal economy, tourism dependent

Community Development Trust – Gairloch and Loch Ewe Action Forum (GALE)

Gairloch Heritage Museum

07/11/2018 Community ownership of land and buildings can create confident, better resourced and more sustainable local communities across Scotland It is important as part of an organic, bottom up, people centred process – responding to threats and opportunities and potentially creating solutions as opposed to the large scale, top down solutions that have characterised regeneration for the last 30 years.

Just because you CAN…… …….doesn’t mean you SHOULD Established and maintained focus on a clear social mission based on local needs. Identifying service gaps and show how the group can plug them! Legal model and governance structure fit for purpose Strong leadership Constantly developing in-house capacity Prepared to seek the support of intermediaries and/or public agencies.

Identifying service gaps and show how the group can plug them! k Key questions to ask before you start: what is the need/demand? How do we know? do we require an asset to deliver on the need? have we looked at every asset option? Do we want to buy, lease or manage? will the project promote or improve: economic development, regeneration, public health, social wellbeing, environmental wellbeing. will it reduce inequalities? is it all financially viable? will it be sustainable in to the future? Established and maintained focus on a clear social mission based on local needs. Identifying service gaps and show how the group can plug them! Legal model and governance structure fit for purpose Strong leadership Constantly developing in-house capacity Prepared to seek the support of intermediaries and/or public agencies.

Contacts Community Asset Transfer Community Ownership Support Service 0131 225 2080 www.dtascommunityownership.org.uk Community Right to Buy Scottish Government Community Land Team 0300 244 9822 Email: crtb@gov.scot