Agenda item

Consider Report by Principal Solicitor.  (Copy attached.)

1.1          There had been circulated copies of a report by Principal Solicitor seeking approval of the draft Common Good Registers for the former Burgh of Lauder and to advise on the next steps in the process for consultation and publication under the Community Empowerment (Scotland) Act 2015.  Following such approval, the list would be published on Citizen Space, together with a consultation survey.  The intention was to publish the consultation survey before the end of December 2021.  In addition to the electronic survey, the proposed lists of Common Good assets were to be published on the Council’s website and paper copies were to be made available, free of charge, on request.  Notification advising of the publication of the lists and the consultation period were to be made on the Council’s website and social media.  The Council was to make all of the Community Councils and other community bodies aware of the publication of the proposed Common Good Asset lists and invite those community bodies and the public to make representations in respect of these lists.  The statutory minimum period for consultation was twelve weeks.  However, it was suggested to extend this period until the start of April 2022.  After the consultation period, the Council was to publish all representations received.  The Common Good Fund Sub-Committee would then reconvene to consider any representations made, and to agree the finalised Asset Register.  The finalised Asset Register would then be published within six months from the end of the consultation period.  It was possible that following this process, further assets may be identified as being Common Good, and where that was the case, the Council would update the Common Good Asset Registers.  The Registers would similarly be updated if existing property was disposed of or reclassified.  The Council would also ensure that the Common Good Asset Registers were reviewed on a regular basis, and at least every five years.

1.2          The assets contained in the list reflected the assets contained in previous Financial Monitoring Reports, with the addition of the Public Hall and Public Conveniences and the Lauder Pavilion.  It had previously been noted that the land at these locations was Common Good land.  However, it had not previously been noted that the buildings were themselves Common Good assets.  In recognising the principle of law that land and buildings could not be owned separately, these buildings should properly be classified as part of the Common Good.

1.3          Members discussed moveable assets that were stored by the Bank of Scotland in Galashiels noting that there may be a charge for accessing artefacts.  Common Good assets were moved to Bank of Scotland Galashiels upon the closure of Bank of Scotland Lauder.  Mr Smith advised they had requested for Common Good assets to be stored in a safe by Scottish Borders Council.

DECISION

AGREED to:

(a)          Approve the contents of the draft list of heritable and moveable property assets held by the Council within the former Royal Burgh of Lauder;

(b)          Approve the publishing of the draft list to be made available for public consultation for a period of at least twelve weeks;

(c)          Note that following the period of consultation all comments will be brought to the Common Good Fund Sub-Committee for their consideration;

(d)          Note that the Section 95 Officer will amend the Common Good accounts to include the additional assets identified as Common Good, as indicated at paragraph 3.4 of the report; and,

(e)          Enquire what assets are held by Bank of Scotland Galashiels for retrieval to be held in safe by Scottish Borders Council.