Community Asset Transfer
The Community Empowerment (Scotland) Act 2015 allows community groups to request to take over Council-owned land or buildings if they feel that they can make better use of them for the local community. The Act gives the community bodies the right to make an Asset Transfer Request for ownership, lease, management or use of a Community owned building or land, regardless of whether they are available for sale or considered surplus to maintenance requirements.
West Lothian Council is proposing that Community Centre Management Committees take on the community centres through community asset transfer. This is a legal process and management committees and the community are required to demonstrate that they have a clear understanding of the work involved in setting up the proposed service, the funding required and a business plan to ensure the property use is sustainable.
If we were to chose this option, we would be required to meet the criteria of the law (Community Empowerment (Scotland) Act 2015)
Our written constitution must incorporate the following provisions:
- A definition of the Community to which the body relates
- Provision that the membership is open to anyone
- Provision that the majority of the Body’s members is to consist of members of that community
- Provision that the members of the body who consist of members of that community have control of the body (be in charge of the decision making)
- Include a statement of the body’s aims and purposes, including a promotion of a benefit for the community
- Have a clear asset lock (a legal clause that prevents the assets of a company from being used for private gain rather than the stated purposes of the organisation) within the constitution
- Be a community controlled body
We must be incorporated as a company or a Scottish Charitable Incorporated Organisation or a Community Benefit Company
We must have a provision in our constitution that we will have a minimum of 20 members
We must include a provision within our constitution for the transfer of assets on winding up.
Available Support
DTAS Community Ownership Support Servive