Community Empowerment (Scotland) Act 2015

Inquiries relating to Asset Transfer Requests by community groups is covered by Part 5 of the Community Empowerment (Scotland) Act 2015.

We support the Scottish Government’s aspiration to see a Scotland where community-led action is celebrated and community ownership is desirable and viable.

The Community Empowerment Scotland Act came into force in July 2015. The Act gives communities new rights to be involved in the decisions that affect them and take forward their own ideas. It also places new duties on the public sector to support communities’ participation and to respond, fully and transparently, to the proposed ideas.

A key element of this legislation is Part 5 of the Act (Asset Transfer Requests). Part 5 introduces a right for community bodies to make asset transfer requests to a wide-ranging list of public bodies, including Scottish Water, for any land or buildings they feel they could make better use of to help deliver services and/or to address local needs. It details the statutory process that has to be followed by eligible community bodies when requesting ownership, lease or right to manage, use or occupy public land or buildings. 

Following consultation the Scottish Government has prepared extensive guidance for both public bodies and community groups alike for preparing, submitting, assessing and concluding Asset Transfer Requests as set out by Part 5 of the Act.

Under the Act public bodies are required to provide a register of assets it owns or leases to the best of their knowledge and belief, subject to certain specified exceptions set out in the Community Empowerment (Registers of Land) (Scotland) Regulations 2016. You can review Scottish Water’s register of assets in the Document Hub.

The guidance for both public bodies and community groups encourages dialogue between the parties at an early stage to share information that will be helpful in considering and preparing potential Asset Transfer Requests.

Scottish Water would therefore encourage any interested groups to email their inquiry to assettransferenquiries@scottishwater.co.uk,or to write to our Commercial Land Management Team (Asset Transfer Request inquiries) at The Bridge, 6 Buchanan Gate, Stepps, Glasgow, G33 6FB.

For further information see our Freedom of Information page in the Document Hub.