Agenda item

Consider report by Service Director Regulatory Services.  (Copy attached.)

There had been circulated copies of a report by the Service Director Regulatory Services on the duties placed on the Scottish Borders Council in respect of common good assets by Part 8 of the Community Empowerment (Scotland) Act 2015 (hereinafter referred to as “the 2015 Act”) and to recommend actions to ensure compliance with such duties.  The report explained that Section 102 of Part 8 of the Community Empowerment (Scotland) Act came into force in June 2018 and placed a duty on the Council to establish an asset register for each Common Good Fund.  Section 104 of the same Act placed a duty on the Council to ensure that, prior to any disposal or change of use of common good assets, the Council publish details about the proposed disposal or change of use.  In order to comply with Section 102, Legal Services was currently completing the proposed list of common good assets, using the current heritable property registers together with information available regarding moveable items.  Following approval of these lists by the individual Common Good Fund Sub-Committees, the Council would then publish the proposed lists of common good assets, followed by a 12 week public consultation period.  Representations would need to be made by email or letter and could be on (i) whether a proposed asset should be included as part of the common good; or (ii) whether there should be other assets included in the common good asset list.  As soon as practicable after expiry of the twelve week consultation period, the Council would publish its Common Good Asset Registers and in any case within six months of the end of the consultation period.  Section 104 of the Act gave details of the consultation required around the disposal and use of common good property.  When disposing or changing the use of a common good asset, details of the asset, what was being proposed and likely timescales, together with the same information detailed in the Common Good Asset Register relating to that asset must be published.  In response to a question on the valuation of items it was noted that these had not been updated for around 10 years and it would be left to each Common Good Fund Sub-Committee to request for valuations to be updated.  

DECISION

AGREED:-

(a)     to approve the processes detailed in the report for compliance with Sections 102 and 104 of the Community Empowerment (Scotland) Act 2015;

(b)     to add to the Scheme of Administration as follows:

(i)        Common Good Fund Sub-Committees  - Functions Referred

·                “To approve the Common Good Fund Asset Register(s) as required in terms of Section 102 of the Community Empowerment (Scotland) Act 2015, reviewing these at least every 5 years”

·                “To approve the disposal or change of use of a Common Good asset up to the value of £20,000, following due process in terms of Section 104 of the Community Empowerment (Scotland) Act 2015”

·                “To make recommendations to Council regarding the disposal or change of use of a Common Good asset of a value greater than £20,000, following due process in terms of Section 104 of the Community Empowerment (Scotland) Act 2015”

          (ii)     Scottish Borders Council – Functions Referred – “To approve the disposal or change of use of a Common Good asset of a value greater than £20,000, following due process in terms of Section 104 of the Community Empowerment (Scotland) Act 2015.