West Lothian Council shared a list of FAQ’s that they have received over the past few weeks with us, along with their answers. We have gone through them and pulled out any that we feel are relevant to our situation. These are shared here. If you have a question that hasn’t been answered here, please get in touch and we will find out the answer.
General
Q. Commitment given that “No community will be left without suitable facilities” does this commitment remain?
A. The focus to deliver the target savings is to work with Management Committees to keep the Community Centres operational while delivering the target saving of £1.073 million. The savings relating to community centres must be delivered from 2026/27 onwards. It is unlikely that any change in government and UK or Scottish level will result in changes to the savings that the council are required to make.
Q. Can alternative savings be identified and discussed with Officers?
A. We would like to work with Management Committees to explore options which will both allow the council to meet its savings target while allowing the community centre to remain open. This could include bringing community centres within a community together to pool skills, resources and approaches.
Q. If Management Committees don’t take CAT or a Lease will recharging be the default arrangement?
If a Management Committee does not choose either CAT, Lease or Recharge then they will move to the default arrangement of recharging. However, we would like to work with Management Committees to explore all options to allow the council to meet its savings target while allowing the community centre to remain open.
Q. What support will officers be able to provide and will officers be able to attend Management Committee meetings to provide support?
A. Officers are available to suport Management Committees for example by providing advice, providing information, supporting applications for funding, explaining processes and building compliance. Officers will attend meetings with Management Committees to provide support in working through the options and identify the best approach for the community centre.
Q. Will the council provide admin support to the Management Committees due to it being ran by volunteers?
A. Officers are available to suport Management Committees for example by providing advice, providing information, supporting applications for funding, explaining processes and building compliance. Officers will attend meetings with Management Committees to provide support in working through the options and identify the best approach for the community centre.
Option 1: Community Asset Transfer
Q. Can you provide examples of CAT that has happened in West Lothian?
A. Some examples of CAT within West Lothian (both where CAT has been implemented or where they organisation is working towards full implementation of CAT via lease) : Craigsfarm – worked with local groups and Scottish Lottery Eastfield – via Fauldhouse Communtiy Development Trust and undertook a lease to establish feasibilty before successfully implementing CAT. Low Port Centre – Full CAT implemented St. David House – Transfer to a community project Alba Park Broxburn – Full CAT implemented
Q. What are the requirements of CAT and when can a CAT request be received?
A. Legislation states that a CAT request can be received at any time. However, we would encourage groups to work together as there are 3 requirements that underpin CAT: 1. Community Engagement – What does the proposal do for the community and who is involved? 2. Business Plan – does the business model meet the needs of the project? 3. What groups will be involved in the delivery of the project?
Q. What happens once the building is transferred via CAT, can the building be handed back?
A. Once a building has its ownership transferred via CAT the building is no longer a council building and therefore there is no option to return the property to West Lothian Council. The building is therefore an asset of the Management Committee and would be treated as such.
Q. How long does the CAT process take?
A. An average time for an application to be fully implemented is 18 months. However, officers will actively engage with groups to support the process to conclusion as quickly as possible.
Q. Does consideration need to be given to the Management Committee’s constitutions to enable them to progress CAT?
A. Yes, groups who are interested in Option 1 (transfer of ownership under community asset transfer) or Option 2 (a Full Repairing and Insuring lease) should fully consider what model of legal structure and constitution will best meet their needs going forward. The council is able to provide support and advice is this area.
Q. Do Management Committees need to apply for CAT individually of can something be created so that a group/co-ordinated application process is available?
A. Organisations can come together under an umbrella group. However, officers are willing to look at options to co-ordinate applications.
Q. Would Management Committees be required to pay a purchase price if undertaking CAT?
A. It is unlikely that a Management Committees would be required to pay a purchase price of the Community Centre. This is due to the community benefit that would be established and would therefore offset the cost of the building.
Q. Are there restrictions on building use (including planning and environmental) following CAT?
A. The use of the building needs to be built into the CAT request , for example community benefit with the correct legal structure to ensure appropriate use. All CAT applications will need to meet current guidelines and meet the CAT criteria.
Option 2: Full Insuring Repair Lease
Q. What would the term of a lease be and could a lease be changed?
A. The council is happy to discuss the aims and aspirations of individual groups and to agree a lease period that best suits those individual circumstances on a site by site basis.
Q. What does a “Community Benefit” lease mean?
A. “Community Benefits” are the non-financial benefits (the positive outcomes) that a project delivers to its community. An example might be an over 50’s fitness class, where the community benefits (the positive outcomes) might be improving physical and mental wellbeing and addressing social isolation in the community. Those outcomes are measured and quantified and equated to a financial value. The council is then able to discount or waive the lease’s stated market rent by that measured financial value. The council anticipates that all rents would be waived in full in lieu of community benefit, in which case no rent would be physically payable by the tenant.
Q. Under the lease arrangements and a Management Committee terminates the lease, are they liable for the costs of returning the building to WLC standard if this hasn’t been maintained?
A. The lease will include a photographic schedule of condition that records the condition of the building as at the date of entry and the tenant will be required to maintain the property in no better or worse condition than that recorded in the photographic schedule of condition. If the lease comes to an end and the property has not been maintained to that standard (and the group is still in existence), the council would have the right have the tenant undertake any necessary works as part of the handback of the building.
Q. If a lease arrangement was undertaken would the Mangement Committee be required to pay for staffing
A. If CAT or lease is undertaken the Management Committee would be required to staff and pay for the employees, including pension contributions and national insurance contributions. Funding is available for a range of development posts and there are options on the type or employment, including agency staff. This would also require the Management Committee to consider sickness and holiday absence to ensure cover was provided. Volunteers can help to support the operation of the building and should be explored as an option to remove or reduce staffing costs.
Option 3: Recharging to Management Committee
Q. If Management Committees were to undertake the recharge option what would the council pay for?
A. The costs which the Management Committees would reimburse the council for includes – Energy, Water, Building Maintenance, Staffing. Where significant improvements and changes were proposed at a community centre consideration would be required as to what the council would look to fund in partnership with the Management Committee.
Finances and Staffing
Q. Could a number of Mgt Comms who are geographically close come together and employ eg Development Officer, Funding Officer
A. Management Committees are encouraged to work together and to consider the staffing roles that they require.
Q. Will cost of operating the community centre be provided? Can additional information be requested regarding the cost of building operations?
A. An information pack relating to each community centre has been provided to the relevant Management Committee. This sets out the costs incurred by the council to operate and staff the buildings as well as additional information and considerations. If further information is required please email communitycentrereview@westlothian.gov.uk and officers will endeavour to support the Management Committee to gather the information they require.
Q. What is the position of Non-Domestic Rates and the impact on Management Committees?
A. Management Committees are registered charities and therefore are exempt from paying Non-Domestic Rates. Information is included in the pack relating to each community centre.
Q. Is there grant funding available to support Management Committees, as well as Developer Contributions funding, and will there be restrictions on funding?
A. funding is available from many sources and officers will work with Mangement Committees to maximise their applications,Information on funding available is included in the information pack provided to Mangement Committees. However, this will not include contributions from developers as they are only legally obliged to pay for items as part of a statutory duty, for example schools. In addition funding may have further restrictions on what it can be used for or have long lease requirements, depending on what the funding is for and who the funding is coming from, again officers will work with Management Committees to maximise and understand the funding available.
Q. If Management Committees employ their own staff would they be required to provide sickness cover and to pay for sickness absence, Pensions and National Insurance? What will happen to Council employees if the Management Committee employ their own staff?
A. If CAT or lease is undertaken the Management Committee would be required to staff and pay for the employees, including pension contributions and national insurance contributions. Funding is available for a range of development posts and there are options on the type or employment, including agency staff. This would also require the Management Committee to consider sickness and holiday absence to ensure cover was provided. Volunteers can help to support the operation of the building and should be explored. West Lothian Council staff would be displaced from their current role and would follow the council’s workforce management process to look to identify alternative employment.
Procurement and Contracts
Q. Can we use our own contractors/get our own quotes/choose our own suppliers?
A. If CAT or lease is undertaken Management Committees will have full autonomy over the contracts entered into. However, this doe not apply to the recharging model. Management Committees are free to consider quotes to compare to council costings to consider their business models to support the decision to opt for one of the three options.
Income
Q. Staffing costs look very high – what if people cannot afford to pay to use the Community Centre and therefore no income can be generated?
A. Council services have been made aware that Management Committees may look to increase their income by introducing charges to council services. Management Committees are expected to review and consider their charging structure which will include increasing charges and consideration of free lets.
Q. Council groups using community centres – can the Management Committees charge the council?
A. Council services have been made aware that Management Committees may look to increase their income by introducing charges to council services. Management Committees are expected to review and consider their charging structure which will include increasing charges and consideration of free lets.
Community Engagement and Support
Q. What is a CDT and could Management Committees expand the approach to include linking with their local CDT?
A. A CDT is a community owned and led organisations which operate as community and social enterprises, working to combine community-led action with an enterprising approach to address and tackle local needs and issues.The aim of a development trust is to create social, economic and environmental renewal in a defined geographical area. Officers are willing to work with Mangement Committees to investigate options to link in with Community Development Trusts (CDT).
Q. How do Management Committees get the community to engage and volunteer to support the Community Centre including skills, knowledge and physical support?
A. It is suggested that Management Committees work with the groups and organisations who use the community centre to identify routes to engagement. Identifying what support and skills are required to support the Management Committee and the running of the community centre. This could include surveys to building users, presentations, public meetings and networking events.
Building Repair ahead of changes
Q. If Option 1 or 2 is taken up would all works required be done by the council before the agreements are signed, what is the condition of the building and what if the building has Reinforced Autoclaved Areated Concrete?
A. All buildings have a condition statement and none have RAAC except for Stoneyburn and Carmondean. All buildings are in a good condition, with condition surveys completed. Under Option 1 (transfer of ownership under community asset transfer), ownership of the property would transfer in its current condition and the acquiring group will be required to satisfy itself as to the condition of the property. The council will provide copies of any building related information it holds, including building condition reports, that may assist in this regard. Under Option 2 (Full Repairing and Insuring lease), the building will be certified as being safe and statutorily compliant (e.g. with electrical and gas certification). Beyond that, the property will be leased in its current condition. The lease will include a photographic schedule of condition that records the condition of the building as at the date of entry and the tenant will be required to maintain the property in no better or worse condition than that recorded in the photographic schedule of condition.