Question reference: S5W-29195
- Asked by: John Finnie, MSP for Highlands and Islands, Scottish Green Party
- Date lodged: 19 May 2020
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Current status: Answered by Aileen Campbell on 4 June 2020
Question
To ask the Scottish Government, where it is the owner of land, how it ensures that there is no conflict of interest between its roles as asset holder and asset transfer manager when a community seeks transfer of that land to community ownership.
Answer
Assets owned by the Scottish Government are held by the relevant Directorate or Non Departmental Public Body. In the case of asset transfer requests under Part 5 of the Community Empowerment (Scotland) Act 2015 the management and transfer of these assets is the responsibility of each of the organisations listed in schedule 3 of the Act, known as Relevant Authorities. They must adhere to relevant legislation, policy requirements, guidance as set out in the Scottish Public Finance Manual, and the asset transfer statutory guidance.
If an asset transfer request has been refused by a Relevant Authority on behalf of Scottish Ministers, the Community Transfer Body can request a review of that decision under section 87 of the Community Empowerment (Scotland) Act 2015. To ensure there is no conflict of interest, an Independent Panel considers the review and provides advice and a recommendation to the Cabinet Secretary for Communities and Local Government who makes a decision on behalf of Scottish Ministers.