Scottish Borders Council

Agenda item

Community Empowerment Act

Presentation by Shona Smith, Communities and Partnership Manager.

Minutes:

Shona Smith, Communities and Partnership Manager was in attendance to give a presentation on the Community Empowerment (Scotland) Act – a locality approach.  The Community Empowerment (Scotland) Bill which was passed by the Scottish Parliament on 17 June 2015 and received Royal Assent on 24 July 2015 provided a legal framework that would promote and encourage community empowerment and participation.  It recognised that further regulations and guidance were required for most parts of the legislation and the timescale for operational completion was October 2016.  The Sections of the Act were - National Outcomes; Community Planning; Participation Requests; Community Rights to Buy Land; Asset Transfer Requests; Delegation of Forestry Commissioners’ Functions; Football Clubs; Common Good Property; Allotments; Participation in Public Decision-Making; Non-Domestic Rates.  In terms of Community Planning it placed Community Planning Partnerships (CPPs) on a statutory footing and imposed duties on them around the planning and delivery of local outcomes, and the involvement of community bodies at all stages of community planning. Tackling inequalities would be a specific focus, and CPPs would have to produce “locality plans” at a more local level for areas experiencing particular disadvantage.  The act placed a duty to support shared leadership and collective governance on five named CPP partners i.e. the local authorities, NHS, Police Scotland, Scottish Fire and Rescue Service and Scottish Enterprise while expanding the number of public bodies that were subject to community planning duties.  What would this mean for Communities – the right for a Community to request to participate in improving outcomes of service delivery for example – how to better meet the needs of service users; offer volunteers to support a service or take over a service or facility.   When a Community Body requests participation, they require to specify an outcome that results from the provision of the service related to the request, set out the reasons for its participation, detail the knowledge, range or experience and provide an explanation of the improvement in the specified service outcome which may arise from its participation.  Under the Asset transfer community bodies have the right to request to purchase, lease, manage or use land and buildings from authorities and other public bodies (including ALEO’s) that they feel they can make better use of.  Transparent assessment of requests would be based on specified criteria and requests would be agreed unless reasonable grounds for refusal – does not have to be assets that are surplus to requirements.  In terms of Allotments the Act updated and simplified legislation on allotments.  It required local authorities to take reasonable steps to provide allotments if waiting lists exceed certain trigger points and strengthens the protection for allotments.  It required fair rents to be set and allowed tenants to sell surplus produce grown on an allotment (other than with a view to making a profit).  The local authorities were required to develop a food growing strategy for their area, including identifying land that may be used as allotment sites and identifying other areas of land that could be used by a community for the cultivation of vegetables, fruit, herbs or flowers.  In terms of Common Good Property,  the Act required a register of property to be maintained as part of the common good, following publication of those properties which it was proposed to place on the register.  Prior to any decision to dispose of, or change the use of such property, the details would be published, and consultation must be undertaken with appropriate bodies.  The Act provided for a new power for councils to create and fund their own localised business rates relief schemes, in addition to existing national rates relief.  The Local Authority required to prepare and publish a local outcomes improvements plan (LOIP) and identify smaller areas within the local authority area which experienced the poorest outcomes, prepare and publish locality plans to improve outcomes on agreed priorities for these communities.  The LOIP required to be reviewed and progress towards the local outcomes and Locality plans would be reported publicly in order to ensure the suitability of these plans continued.  The LOIP and Locality Plans required to be produced by October 2017.  Miss Smith concluded her presentation by explaining the next steps in developing the Cheviot Locality Action Plan, which would include Supporting the Economy in Cheviot; Health and Wellbeing; Keeping People Safe; Attainment, Achievement and Inclusion and Housing, Neighbourhoods, Asset and Estate.

 

DECISION

NOTED.

 

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