1. Getting in on the Act The Community Empowerment (Scotland) Act 2015

2. Session outline 1st half – The Community Empowerment (Act) Scotland
Context
What’s in the Act?
Part 1: National outcomes
Part 2: Community planning
Part 3: Participation requests
Part 4: Community rights to buy land
Part 5: Asset transfer requests
Other bits of the Act
Discussion
…tea/coffee break…
2nd half – Making a participation request

3. Donald Rumsfeld: 2002: US Secretary of State for Defence
There are known knowns. There are things we know that we know. There are known unknowns. That is to say, there are things that we now know we don't know. But there are also unknown unknowns. There are things we do not know we don't know.’ 

4. What do we mean by community?
‘community’ is a group of people united by at least one common characteristic, including geography, identity or shared interest.
In most parts of the Act, “community” is not defined.  It is left to each group of people to describe what they have in common.

5. The Community Empowerment (Scotland) Act 2015
Greater influence over community planning, local service provision, land and buildings
Royal Assent on 24th July 2015
Regulations and guidance developed in 2016
Starting to come into effect now

6. Key aims of the Act Prevention in communities before problems arise
Co-ordination within and between services
Rooted in rights and tacking inequality
Co-production – with communities for better services
Partnership with communities – of “place” & of “interest or identity”

7. What’s in the Act? Participation requests National outcomes
Participation in public decision making
Common good property
National outcomes
Participation requests
Allotments
Community planning
Asset transfer
Community rights to buy land
Supporter
involvement in
football clubs
Forestry
Non-domestic
rates

8. Part 1: National Outcomes
Scottish Government must…
consult on, develop and publish a set of national outcomes
regularly and publicly report progress towards these outcomes
review them at least every five years
Public authorities must…
have regard to the national outcomes in carrying out their functions
Current status…
Came into force April 2016

9. Part 2: Community Planning
Places Community Planning Partnerships (CPPs) on a statutory footing with expanded membership
CPPs must…
involve community bodies at all stages of community planning and support them to do this
focus on tackling inequalities
produce Local Outcome Improvement Plans (LOIPs) which replace Single Outcome Agreements (SOAs)
produce “locality plans” for communities experiencing particular disadvantage
report on these plans and on community involvement
Current status…
Guidance now published and CPPs must publish both Local Outcome Improvement Plans and locality plans by 1 October 2017

10. Part 3: Participation requests
A new way for communities to have their voices heard on how services are planned and delivered
Community groups can request to participate in an outcome improvement process
Presumption - services should respond positively or explain why not
Act states that groups should be provided with support for this
Applies to communities of place, interest and identity.
Current status…
Draft guidance available and intention is that participation requests will be in force by 1st April 2017

11. Part 4: Community rights to buy land
Applies to land and buildings
Extends community right to buy (Land Reform Act 2003) to urban as well as rural areas
Enables communities to purchase land which is abandoned, neglected or causing harm to the environmental wellbeing of the community, where the owner is not willing to sell that land
Current status…
Changes to land reform act came into force in April 2016 and other provisions likely to be implemented by spring 2017

12. Part 5: Asset transfer requests
Community bodies can…
make requests to a wide-ranging list of public bodies, for any land or buildings they feel they could make better use of
apply to use, lease or buy outright
Public authority must…
agree to requests, unless there are reasonable grounds for refusal
consider inequality in reaching its decision
Provide a register of assets
Current status…
The asset transfer legislation came into force on 23 January 2017

13. Other parts of the Act Input to decisions - Common good assets
Encouraging more & better allotments, and requirement to develop food-growing strategy.
Community involvement in forestry
Football supporters rights
Participation in public decision making
More information in SCDC briefing on the broader content of the Act
BUT the Participation duty is also included in part 10 of the Act and is designed to give ministers the potential to make further regulations to promote participation:
Enable Ministers to require Scottish public authorities to promote and facilitate the participation of members of the public in the decisions and activities of the authority,
Including in the allocation of its resources.
It emphasises Involving people and communities in making decisions helps build community capacity and also helps the public sector identify local needs and priorities and target budgets more effectively.
Currently an emerging debate – now being used to frame investment in participatory budgeting but with greater potential to augment implementation of other parts of the Act if needed.
Could be interpreted as a reserve power to adrss barriers to participation if they arise in the implemantaion of the Act and tus as an indicator of Government intent to drive progress in this area.

14. Discussion From what you’ve heard so far…
How useful do you think the Act will be for communities?
Who should provide support to community groups and what should this look like?

15. Session outline (continued)
2nd half – Making a participation request
What are participation requests?
Who can make one and who can receive one?
How to make a participation request
Decision time
Examples of participation requests
Make your own participation request
…finish…

16. What are participation requests?
Community groups can request to participate in an outcome improvement process
Presumption - services should respond positively or explain why not
Act states that groups should be provided with support for this
Applies to communities of place, interest and identity.

17. Who can make a participation request?
Requirements for community participation body
A definition of the community
Majority of members are members of that community
Membership is open to any member of that community
Statement of aims and purposes
Surplus funds are to be applied to the benefit of the community

18. Who can a participation request be made to?
Local authorities
Health Boards
The board of management of a college of further education
Highlands and Islands Enterprise
National Park Authority
Police Scotland
Scottish Enterprise
The Scottish Environment Protection Agency
The Scottish Fire and Rescue Service
Scottish Natural Heritage
Regional Transport Partnerships

19. How to make a participation request
The community body must:
Specify an outcome that it thinks can be improved
Set out the reasons why it should participate
Provide details of knowledge, expertise and experience
Explain the improvements that may arise in the outcome as a result of its participation in the process

20. Making the decision
The authority must agree to the request unless there are reasonable grounds not to do so. It must consider:
whether agreeing to the request will promote or improve economic development, regeneration, public health, social wellbeing or environmental wellbeing
how it will address socio-economic disadvantage and the participation of people experiencing this disadvantage
any other benefits
other matters that the authority considers relevant

22. Potential Uses
To start a dialogue about something that matters to your community - e.g. children’s and families services
Help people have their voice heard in an existing planning process e.g. community safety partnership
Help people to participate in the design, delivery, monitoring or review of service provision e.g. around transport
Challenge decisions and seek support for alternatives e.g. co-producing solutions

23. Make your own participation request
Think of an issue
What is the outcome you want to improve?
Who would you make the request to?
Why should you be involved?

24. More information
Find out more about SCDC’s work at and for our page on the Community Empowerment (Scotland) Act go to:
Scottish Government FAQ page on Act
Development Trust Assoc. Scotland DTAS - Community Ownership -
The full Act